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STATE OF NEW YORK 



THE 

CONSERVATION 

LAW 

IN RELATION TO 

FISH AND GAME 

AS AMENDED TO THE 
CLOSE OF THE REGULAR SESSION OF 

19 19 



ALBANY 

J. B. LYON COMPANY, PRINTERS 

19 19 






T 

STATE OF NEW YORK 



CONSERVATION 
LAW 

IN RELATION TO 

FISH AND GAME 

AS AMENDED TO THE 
CLOSE OF THE REGULAR SESSION OF 

1919 



ALBANY 

J. B. LYON COMPANY, PRINTERS 

19 19 



STATE OF NEW YORK 




Conservation Commission 



GEORGE D. PRATT, Commissioner 

ALEXANDER MACDONALD, Deputy Commissioner 

WARWICK S. CARPENTER 

Secretary to the Commission 

LLEWELLYN LEGGE 
Chief Protector 

JOHN T. McCORMICK 
Deputy Chief Protector 



General Offices: 
158 State Street. Albany, N. Y. 



T>? «f 1. •• 

AUG 4 19jf> e " 



s^S. 



^ 






TABLE OF CONTENTS. 



PART I — FISH AND GAME. Page 

The Conservation Law, in relation to fish and game. 5 

Additional Protection Orders 135 

Rules and Regulations in relation to fish and game. 137 

United States statutes 155 

Plumage provision in the Tariff Act of 1913 162 

Migratory Bird Law, differences between Federal 

Regulations and State Law 164 

PART II — COURT PROCEDURE. 
Court procedure 166 

INDEX. 
Index to Parts I and II 177 



Fires Destroy 

FORESTS, 
SPORT 

and 
BUSINESS 

You share this loss 

Carelessness causes fires 

YOU CAN'T AFFORD 
to be CARELESS 

Conservation Commission 

ALBANY 
141 



THE CONSERVATION LAW. 



In Relation to Fish and Game. 



Being article V of chapter six hundred forty- 
seven of the laws of nineteen hundred and eleven, 
entitled "An act relating to conservation of land, 
forests, waters, parks, hydraulic power, fish and 
game, constituting chapter sixty-five of the con- 
solidated laws," as amended to the close of the 
regular session of the year 1916. 

[Note. — Article V, relating to fish and game, was inserted 
in the Conservation Law by chapter 31s, Laws of 1912. 
All subsequent acts amending particular sections of that article 
are indicated in brackets at the foot of the sections so amended.] 

ARTICLE V. 

Fish and Game. 

Part I. Powers and duties of commission (§§ 150- 

161). 
II. Game protectors (§§ 165-173). 
III. Ownership; manner of taking; limit; 
possession; sale and transportation of 
wild game and fish restricted; penalties 
(§§ 175-1S2). 
[5] 



Conservation Law. 

Part IV. Licenses, hunting and trapping and non 
resident angling (§§ 185-188). 
V. Quadrupeds (§§ 190-203). 
VI. Birds (§§ 210-223). 
VII. Fish (§§ 230-258). 
VIII. Nets and netting (§§ 270-284). 
IX. Fishways (§§ 290-293). 
X. Marine fisheries (§§ 300-335). 
XL Private parks (§§ 360-367). 
XII. Breeding; importation and sale of fish 
and game (§§ 370-377). 
XIII. Definitions and construction (§§ 380- 
382). 

PART I. 
Powers and Duties of Commission. 
Section 150. General powers and duties of commis- 
sion. 

151. Fish culturist. 

152. Additional or other protection. 

153. Fish and game closes. 

154. Power of commission to dispose of fish 

and game seized. 

155. Power to take fish. 

156. Power to purchase fish eggs. 

157. Power to acquire heaver, deer, moose or 

elk by gift, purchase or capture. 

158. Power to take birds and quadruples. 

] 59. License to collect or possess for prop- 
agation, scientific or exhibition pur- 
poses. 



Conservation Law. 7 

Section 160. Publication of laws relating to fish, and 
game. 
161. Observance of rules and regulations; 
penalty. 

§ 150. General powers and duties of commission. 
The commission shall have charge, control and man- 
agement of the propagation and distribution of 
food and game fish, shell-fish, crustacea, and game. 
It shall have the conduct and control of all hatching 
and biological stations and game farms owned, 
operated or hereafter acquired by the state. The 
commission shall have charge of the enforcement of 
all laws for the protection of fish, shell-fish, Crusta- 
cea, birds and quadrupeds; lands under water which 
have been or shall be designated, surveyed and 
mapped out pursuant to law, as oyster beds or shell- 
fish grounds, and power to grant leases of land 
under water for shell-fish culture according to law, 
to make rules regulating the inspection and exami- 
nation of shell-fish, shell-fish grounds and the build- 
ings used for storage; handling and shipments 
thereof; the floating of shell-fish; and the removal 
of shell-fish from beds which are in an unsanitary 
condition and their deposit upon unpolluted grounds; 
power to make rules increasing the size of mesh of 
nets, regulating the transportation, importation, ex- 
portation of game, fish, shell-fish and crustacea, 
and the taking of fish in any manner, other than 
angling, except as to migratory fish of the sea within 



8 Conservation Law. 

the limits of the marine district; the granting of 
licenses where the same are prescribed by law, the 
fixing of fees therefor and terms thereof. 
[As amended by chapter 508, Laws of 1913.] 

§ 151. Fish culturist. The commission shall ap- 
point a fish culturist who shall have charge under 
the direction of the commission of the. culture of 
fish 'and shell-fish in the state. He shall receive 
an annual salary of four thousand dollars, and his 
actual and necessary traveling expenses while in the 
performance of his official duty. 

§ 152. Additional or other protection. 

1. Petition for protection. Ten or more citizens of 
the state may file with the commission a petition 
in writing requesting it to give to any species of fish 
other than migratory food fish of the sea including 
fish or game birds or quadrupeds, protection or addi- 
tional protection to that afforded by the provisions 
of* this article. Such petition shall state the 
grounds upon which such protection is considered 
necessary, and shall be signed by the petitioners 
who shall attach their addresses. 

2. Notice of hearings. If the commission shall 
after hearing petitioner entertain the petition, it 
shall hold a public hearing in the locality or county 
to be affected upon the allegations of such petition 
at such time and place within the locality or 



Conservation Laic. 9 

county affected as the commission may determine 
within twenty days from the filing thereof. At 
least ten days prior to such hearing notice thereof, 
stating the time and place at which such bearing 
6hall be held, shall be advertised in a newspaper to 
be selected by the commission and published in the 
counties or county to be affected by such additional 
or other protection or if less than a whole county, 
in or near the locality which may be affected. Such 
notice shall contain a brief statement of the grounds 
upon which such application is made, and a copy 
thereof shall be mailed to each petitioner at the 
address given in such petition at least ten days 
before such hearing. 

3. Power to grant protection. If upon such hear- 
ing the commission shall determine that such species 
of iish or game, by reason of disease, danger of 
e?cterinination or from any other cause or reason, 
requires such additional or other protection, in any 
locality or throughout the state, the commission 
shall have power by order to prohibit or regulate^ 
during the open season therefor, the taking of such 
species of fish or game. Such prohibition or regula- 
tion may be made general throughout the state or 
confined to a particular part or district thereof and 
the order shall fix the day when the same shall take 
effect and the commission shall sign and enter the 
order in its minute book. 



10 Conservation Law. 

4. Publication. At least thirty days before the 
day fixed for such order to take effect, copies of the 
same certified by the secretary to the commission 
shall be filed in the office of the clerk of each 
county containing a district or any part of a dis- 
trict to "which the prohibition or regulation applies. 
At least thirty days before such order shall take 
effect the commission shall cause the same to be 
published in a newspaper published in each county 
wherein such prohibition or regulation shall apply. 

5. [Repealed by chapter 521, Laws of 1916.] 

§ 153. Fish and game closes. The commission 
may, on the request of a majority of the town 
board of any town, or a majority of the common 
council of any city, by order, prohibit or regulate 
the taking of birds or game on lands set aside, with 
the consent of the owner or owners thereof, as bird 
and game refuges for a period of not to exceed ten 
years. On a like request, when fish have been or 
shall, be placed in waters of a town or of a city 
at the, expense of the state, the commission may 
by order prohibit or regulate the taking of fish 
from such waters, for a period of not to exceed 
three years. At least thirty days before such order 
shall take effect, a copy of the same certified by 
the secretary to the commission shall be filed in the 
office of the clerk of the town or city in which the 
prohibition or regulation applies. Printed notices 
at least one foot square that such lands or streams 



Conservation Law. 11 

have been closed, shall be posted along the bounda- 
ries of the land, or along the shores or banks of the 
waters affected not more than fifty rods apart meas- 
ured along the said boundaries and along said banks. 
An affidavit of the fact of such stocking with fish 
or of posting such notices or a certification of such 
facts by a game protector when filed in the office of 
the commission shall be presumptive evidence of 
the facts stated therein and a copy of either when 
certified by the secretary to the commission shall 
be competent evidence in any action or proceeding 
for enforcement of any of the provisions of this 
section. 

TAs ampndpd bv chapter 508. Laws of 1913. and chapter 
155, Laws of 1916, and chapter 289, Laws of 1919.] 

§ 154. Power of commission to dispose of seizures. 
Whenever any fish, birds, wild animals or parts 
thereof, or any devices used in taking the same 
illegally are found in the possession or under the 
control of a person contrary to law, said fish, birds, 
wild animals, or parts thereof, together with the 
device or devices used in taking the same, shall be 
seized and confiscated in the name of the state. 
The commission may dispose of such fish, birds or 
wild animals or devices in such manner as it deems 
proper. 

[As amended by chapter 521, Laws of 1916.] 

§ 155. Power to take fish. The commission may 
take fish with nets at such tin.es and in such manner 



12 Conservation Laic. 

as it may deem proper for the artificial propagation 
of fish. The commission may also remove, permit or 
cause to be removed from public or private waters, 
fish which hinder or prevent the propagation of 
game or food fish. Such removal shall be effected 
by any means and under such regulations as the 
commission may provide. Fish taken under this 
section may be disposed of and possessed under such 
regulations as the commission may establish. Xo 
person shall fish, within one hundred feet of any 
leader or net in use by the state., and no person 
other than a state employee in charge of a state 
net shall handle or take fish while confined therein. 
[As amended by chapter 289, Laws cf 1919.] 

§ 156. Power to purchase fish eggs. The commis- 
sion may purchase from any person, fish eggs, pay- 
ing for same in cash, or giving in exchange or in 
consideration therefor, a percentage of the young 
fish hatched or produced at any of the fish hatch- 
eries of the state from the eggs so purchased; and 
the placing of such young fish in waters on lands 
of such persons shall not be deemed a stocking of 
such waters with fish by the state, or fish from 
btate hatcheries. 

§ 157. Power to acquire beaver, deer, moose or elk 
by gift, purchase or capture. The commission may 
acquire by gift, purchase or capture a sufficient 
number of beaver, deer, moose or elk to stock the 



Conservation Law. 13 

Adirondack region, and may care for and yard the 
same temporarily and liberate them in sueh regioa 
and at such times and places as it deems most con- 
ducive to their probable subsistence a»d increase. 
Deer may be taken alive at any time by the com- 
mission to restock the state's deer parks or to 
exchange for elk or moose. 

§ 153. Power to take birds and quadrupeds. In 
the event that any species of birds protected by the 
provisions of section two hundred aud nineteen of 
this article, or quadrupeds protected by law, shall 
at any time, in any locality, become destructive of 
private or public property the commission shall 
have power in its discretion to direct any game 
protector, or issue a permit to any eitizeu of the 
state to take such species of birds or quadruped* 
and dispose oi the same in sueh manner as the com 
mission may provide. Such permit shall expir> 
within four months after the date of issuauiee. 

§ 159. License to collect or possess for propaga- 
tion, scientific or exhibition purposes. 1. The com- 
mission may issue a license revocable at its pleasure 
to any person, permitting the holder to collect or 
pos«ess fish, aquatic animals, quadrupeds, birds, birds' 
nests or eggs for propagation, scientific or exhibition 
purposes. Before such license is issued, every appli- 
cant, except a game protector, duly chartered mu- 
seum or society incorporated for scientific or public 
exhibition purposes, or an officer thereof, must file 



14 Conservation Law. 

written testimonials from two well known scientific 
men; pay one dollar for the license and file a bond 
in the penal sum of two hundred dollars with two 
responsible sureties, to be approved by the commis- 
sion, conditioned that he will not violate the pro- 
visions of this article or avail himself of the privi- 
leges of said license for purposes not herein set 
forth. 

2. The commission may also issue a license revo- 
cable at pleasure to any person, permitting such per- 
son to take and possess any species of fish, game 
birds, quadrupeds or aquatic animals, protected by 
this chapter, for propagation purposes, upon pay- 
ment of a license fee of one dollar. The commission 
may, in its discretion, require a bond from such per- 
son, in such sum as the commission may determine, 
conditioned that he will not avail himself of the 
privileges of said license for purposes not herein set 
forth. 

The commission may issue permits to enable per- 
sons to ship fish, g: ■ birds, quadrupeds or aquatic 
animals lawfully taken and possessed for propaga- 
tion, scientific or educational purposes, under such 
regulations as the commission may prescribe. 

Fish, game birds, quadrupeds or aquatic animals 
lawfully possessed under this section may be sold at 
any time, »by any person receiving a license under 
this section, for propagation, scientific, educational 
or exhibition purposes only. 

Persons receiving a license under this section 



Conservation Law. 15 

must report the result of operation thereunder annu- 
ally to the commission, at the expiration of the li- 
cense. Such license shall be in force for one year 
only from the date of issue and shall not be trans- 
ferable. 

[As amended by chapter 508, Laws of 1913 ; chapter 
92, Laws of 1914, and chapter 282, Laws of 1918.] 

§ 160. Publication of laws relating to fish and 
game. As soon as practicable after the adjourn- 
ment of the legislature in each year, the commission 
shall make a compilation of the laws relating to 
fish and game as amended at the date of such 
compilation, and properly index the same. Copies 
of said compilation sufficient in number for the pur- 
poses of this section shall be printed in pamphlet 
form of pocket size, under the direction of the 
clerks of the senate and assembly, and such clerks 
shall distribute them as follows: One hundred 
copies to each senator; fifty copies to each assembly- 
man. Twenty thousand copies to the commission for 
general distribution. It shall be the duty of the 
commission to prepare and issue a syllabus of the 
said laws and to deliver to county, city and town 
clerks a supply sufficient for furnishing one copy to 
each person procuring a hunting or trapping license, 
and each such person shall be entitled to one copv 
of said syllabus. 

[As amended by chapter 508, Laws of 1913, and chapter 
521, Laws of 1916.] 

§ 161. [Repealed by chapter 521, Laws of 1916.] 



16 Conservation Law. 

PART II. 
Game Protectors. 

Section 165. Number and designation. 

166. Rating of game protectors. 

167. Game protectors to give bonds. 

168. Compensation of game protector*. 

169. Powers of game protectors. 

170. Records and reports. 

171. Special game protectors. 

172. Sheriffs and constables. 

173. Suits against protectors. 

§ 165. Number and designation. The commissioner 
shall also appoint a chief game protector, a deputy 
chief game protector, twelve inspectors and one hun- 
dred and thirty-one game prelectors. The chief 
game protector shall have general supervision a;:d 
control of all protector.-. The positions of chief 
game protector, deputy eliici' game protector, inspec- 
tors and the game protectors provided for by this 
section shall hereafter be classified in the competitive 
class- of the classified civil service. The game pro- 
tectors who have heretofore been designated division 
chief protectors shall hereafter be de-vignated inspec- 
tors, with the same rank hei--l:.fo;e held by them. 
The game protectors who have heretofore been desig- 
nated fisheries protectors and the protector for the 
Saint Lawrence river shall be designated game pro- 
tectors with the same rank and pay heretofore held 
toy them. The changes i?i designation herein pro- 



Conservation Law, 17 

vided for shall in no wise exempt the individuals 

affected from the provisions of section one hundred 

and sixty-six hereof. 

[As amended by chapter 50S, Laws of 1913 ; chapter 
92, Laws of 1914. and chapter 438, Laws of 1918.] 

§ 166. Rating of game protectors. The commis- 
sion shall have power to remove, to suspend without 
pay. to reduce in rank, to act as a trial board ia 
hearing and passing upon charges, and to rate all 
game protectors on the basis of merit and efficiency 
in accordance with the provisions of the state civil 
service law. It shall rate all protectors on the basis 
of merit and einciency in three grades, to be known 
as the first, second, and third grades. The chief 
game protector, deputy chief game protector, in- 
spectors and protectors rated in the first and second 
grades shall not be removed unless furnished with 
reasons for removal and given a hearing. The com- 
mission is empowered to make such rules and regula- 
tions as in its judgment are required to secure a 
proper rating of the protectors, or to carry out the 
provisions of this section. 

[As amended by chapter 437, Laws of 1918.] 

§ 167. Game protectors to give oonds. The chief 
game protector shall give a bond to the people ©f 
the state in the sum of one thousand dollars con- 
ditioned for the faithful discharge of his duties, 
with sureties to be approved by the commission. 
Every game protector shall give a like bond in the 
sum of five hundred dollars. 



18 Conservation Lore. 

§ 168. Compensation of game protectors. The chief 
game protector shall receive an annual salary of five 
thousand dollars. The deputy chief game protector 
shall receive an annual salary of three thousand dol- 
lars. Each inspector shall receive an annual salary 
of eighteen hundred dollars. Each game protector 
shall receive an annual salary of twelve hundred 
dollars; provided, however, that each game protector 
who shall have been rated in the first grade for a 
full year shall receive increased salaiy at the rate of 
one hundred dollars per annum, and for each year 
thereafter in which he shall so qualify he shall re- 
ceive a like increase until he receives the sum of 
fifteen hundred dollars per annum, and that each 
game protector who shall have been rated in the 
second grade for a full year shall receive increased 
salary at the rate of fifty dollars per annum and for 
each year thereafter in which he shall so qualify he 
shall receive a like increase until he receives the 
sum of thirteen hundred dollars per annum; but the 
commission shall have the power in its discretion, 
for cause shown, to cancel such increase or any part 
thereof on the failure of any protector receiving such 
increase to qualify for the first or second grade in 
any year. Game protectors rated in the first grade 
only shall be eligible for promotion. Each inspector 
shall receive actual and necessary traveling expenses, 
not exceeding seven hundred and fifty dollars per 
year; each game protector shall receive his actual 
and necessary traveling expenses, not exceeding six 



Conservation Law. 19 

hundred dollars per year, except when a sum in ex- 
cess thereof shall have been actually and necessarily 
expended upon the order of the conservation com- 
missioner. 

2. The sum of nineteen thousand six hundred dol- 
lars ($19,600), or so much thereof as may be neces- 
sary, is hereby appropriated out of any moneys in the 
treasury not otherwise appropriated for the purpose 
of carrying into effect the provisions of this act, pay- 
able by the state treasurer on the warrant of the 
comptroller on the order of the conservation 
commission. 

[Subd. 2 added by chapter 422, Laws of 1918.] 
[As amended by chapter 318, Laws of 1915; chapter 
521, Laws of 1916 ; chapter 486, Laws of 1917 ; chapter 
422, Laws of 1918, and chapter 539, Laws of 1919.1 

§ 169. Powers of game protectors. Inspectors, 
game protectors and forest rangers shall enforce all 
laws relating to fish, birds and quadrupeds; all laws 
of boards of supervisors relating to the same; and 
shall have power to execute all warrants and search 
warrants issued for a violation of this article; to 
serve subpoenas issued for the examination and in- 
vestigation or trial of offenses against any of the 
provisions of said law; to make search where they 
have cause to believe that fish, birds or quadrupeds, 
or any parts thereof, are possessed in violation of 
law, and without search warrant to examine the con- 
tents of any boat, car, automobile or other vehicle, 
box, locker, basket, creel, crate, game bag or other 



20 Conservation Law. 

package, and the contents of any building other than 
a dwelling house, to ascertain whether any of the 
provisions of this article or of any law for the pro- 
tection of fish, shellfish, birds or quadrupeds have 
been or are being violated, and to use such force as 
may be necessary for the purpose of such examina- 
tion and inspection; and with a search warrant to 
search and examine the contents of any building or 
dwelling house; seize all quadrupeds, birds or fish, 
or any parts thereof possessed in violation of the 
law, or showing evidence of illegal taking, and seize 
and confiscate all devices used in taking fish, game 
or wild animals illegally, and hold the same subject 
to the order of the commission; to arrest without 
warrant any person committing a misdemeanor under 
the provisions of this article in their presence, and 
take such person immediately before a magistrate 
having Jurisdiction for trial, and to exercise su/di other 
powers of peace officers, in the enforcement of the 
provisions of this chapter, or of judgments obtained 
for violation thereof, as are not herein specifically 
provided. Any inspector, regular or special game 
protector, district forest ranger, forest ranger or in- 
spector who shall compromise or settle any violation 
of the fish and game law out of court, or except as 
provided by section thirty-six of this chapter, with- 
out the order of the commission, shall be guilty of a 
misdemeanor. 

[As amended by chanter 521, Laws of 1916, and chap- 
ter 438. Laws of 1918.] 



Conservation Law. 21 

§ 170. Records 'and reports. The chief game pro- 
tector, deputy chief game protector and inspectors 
shall make such reports as are required by the com- 
mission. Each game protector shall keep a daily 
record of his official acts, and report the same at 
the close of each week to the inspector of his divi- 
sion, and similarly report at the close of each month 
to the chief game protector. The salary and travel- 
ing expenses of a game protector shall not he pay- 
able except upon certificate of the chief game pro- 
tector that such protector has made the required 
report and properly performed his duty. 

[As amended by chapter 438, Laws of 1918.1 

§ 171. Special game protectors. The commission 
may in its discretion appoint special game protec- 
tors. Such special game protectors shall hold office 
during the pleasure of the commission and shall 
have the same powers as game protectors. They 
shall make reports as required by the commission. 
No person shall be eligible for such appointment 
until he shall have passed a ^non-competitive exami- 
nation conducted under authority of the commission. 

[As amended by chapter 508, Laws of 1913, and chap- 
ter 43S, Laws of 1918.] 

§ 172. Sheriffs and constables. Peace officers shall 
have the same powers as game protectors under this 
article, except the right to search without warrant. 

§ 173. Suits against protectors. [Repealed by 
chapter 68, Laws of 1918]. 



22 Conservation Law. 

PART III. 

Ownership; Manner of taking; Limit; Possession; 

Sale and Transportation of Wild Game and 

Fish Restricted; Penalties. 
Section 175. Ownership. 

176. Taking, limit, possession, sale and trans- 

portation of fish and game restricted. 

177. Manner of taking fish and game. 

178. Transportation. 

179. Transportation, sale, special. 

180. Prohibited, sale of certain birds. 

181. Presumptive evidence. 

182. Penalties. 

§ 175. Ownership. The ownership of, and the 
title to all fish, birds and quadrupeds in the 
state of New York, not held by private ownership, 
legally acquired, is hereby declared to be in the 
state. No fish, birds or quadrupeds shall be caught, 
taken or killed in any manner or at any time or 
had" in possession, except the person so catching, 
taking or killing or having the same in possession 
shall consent that the title to such fish, birds and 
quadrupeds shall be and remain in the state of New 
York for the purpose of regulating and controlling 
the use and disposition of the same after such 
catching, taking or killing, except that the title to 
such fish, birds or quadrupeds legally taken shall 
vest in the person so taking or possessing the same, 
subject to the restrictions and provisions of law. 



Conservation Law. 23 

§ 176. Taking, limit, possession, sale and trans- 
portation of fish and game restricted. No person 
shall at any time of the year, pursue, take, wound or 
kill, in any manner, number or quantity, any fish, 
quadrupeds or birds protected by law, or buy, sell, 
offer, or expose the same, or any part thereof, for 
sale, transport, or have the same in possession except 
as permitted by this article. Nets except in the 
marine district, tip-ups, set and trap lines, spears, 
grappling hooks, naked hooks, snatch hooks, eel weirs 
and eel pots shall not be used to take fish except as 
specifically permitted in this article. Any person 
aiding in any manner in such prohibited acts shall 
be deemed to have violated this section. 

[As amended by chapter 508. Laws of 1913.] 

§ 177. Manner of taking fish and game. 1. Manner 

of taking game. Game protected by law shall 
only be taken in the day time after sunrise and 
before sunset with a gun fired at arm's length, with- 
out rest, unless otherwise specifically permitted by 
this article. Traps for the purpose of taking fur- 
bearing animals protected by law shall not be 
staked or set in any manner during the close season 
for the same. A person may take birds and quad- 
rupeds, during the open season therefor, with the 
aid of a dog, unless specifically prohibited by this 
article. Any duly organized association for the 
protection of game may run field trials for dogs at 
any time upon obtaining written permission from 
the Conservation Commission. 

[As amended by chapter 92, Laws of 1914, and chapter 
170. Laws of 1917.] 



24 Conservation Laic. 

2. Manner of taking fish. Fish, except migratory 
food fish of the sea, shall only be taken by angling, 
unless otherwise specifically permitted by this article. 
In case any fish or Crustacea is mi intentionally taken 
contrary to the prohibitions or restrictions contained 
in any of the provisions of this article, such fish 
or Crustacea shall be immediately liberated and re- 
turned to the water, "without unnecessary injury. 
Whenever any fish under the size limit prescribed 
by the provisions of this article are received in 
transportation from another state or country, or 
whenever such fish are taken in gill nets, they shall 
neither be sold, bought or otherwise trafficked in. 

[As amended by chapter f.OS, Laws cf 1913.] 

3. Wild fowl. Except in counties wholly or partly 
within the forest preserve or on Long Island, wild 
fowl may only he taken with the use of a shotgun 
fired at arm's length. 

[Subd. 3 added by chapter 200. Laws of 191 S.] 

* § 178. Transportation. 
Subd. 1. Common carriers. No common carrier or 
employee of Streh carrier shall, while engaged in such 
business, transport as owner of any fish or game or 
parts thereof of species which may not be lawfully 
sold at any time. Nor shall such carrier or person 
knowingly receive or possess t)uj same for shipment 
for another whether contained in a package or un- 
packed if no shipping permit is attached as required 
in this section. 



Conservation Law. 25 

Subd. 2. Transportation and exportation or fish and 
game lawfully salable. Any person may transport 
in any manner within this state or from a point 
within to a point without during the open season 
therefor, and in any number, wild quadrupeds, birds 
or fish of species which may be lawfully sold. 

Game or fish raised in private hatcheries or pre- 
serves and carcasses of birds and mammals from 
without the United States and which may be law- 
fully imported and sold, when marked and tagged 
as provided in part twelve of this article, may be 
transported within and from a point within to a 
point without this state in any number and by any 
means. 

Suhd. 3. The same; of fish and game not lawfully 
salable. Any person may transport within this state 
or from a point within to a point without otherwise 
than by common carrier or parcel post and during 
the open season therefor wild quadrupeds, birds or 
fish but not more in any ona day than the number 
thereof which may be lawfully taken in one day by 
one person When of species which may not be law- 
fully sold at any time except as otherwise provided 
in section one hundred and ninety hereof. 

The taker may transport within this state or from 
a point within to a point without by common carrier 
except by parcel post, and durincr the open season 
therefor, wild quadrupeds, birds or fish but not more 
in any one day than the number thereof which he 



26 Conservation Law. 

k 

may lawfully take in one day when of species which 
may not be lawfully sold at any time provided the 
same or the package containing them shall have at- 
tached thereto before shipment, with the blanks 
properly filled in by him, a shipping permit issued 
by the commission except as otherwise provided in 
section one hundred and ninety hereof. The form of 
such permit shall be determined by the commission. 

Subd. 4. Importation of fish and game not lawfully 
salable. The taker may transport from a point 
without to a point within the state, during the 
open season therefor within the state of New York, 
game or fish of species which may not be lawfully 
sold, provided such game or fish was lawfully taken 
and may be lawfully brought from the place where 
taken; or, the same may be shipped by him by 
common carrier except parcel post. 

The taker may transport from a point without to 
a point within the state, during the closed season 
therefor within the state of New York, game or 
fish of species which may not be lawfully sold, or 
for which there is no open season, provided such 
game or fish was lawfully taken and may be law- 
fully brought from the place where taken, and 
further provided that the taker accompanies the 
same and shall have with him a license issued by 
the commission permitting such transportation. 
Quadrupeds may be shipped by the taker by com- 
mon carrier, except by parcel post, but in that 



Conservation Law. 27 

case the shipping requirements of subdivision three 
of this section shall apply. Such game or fish when 
so transported may be possessed at any time. 

Subd. 5. The same; of fish and game lawfully 
salable. Importation and transportation by any 
means and in any number during the open season 
therefor of wild game or fish the sale of which is 
permitted by this article shall be lawful except aa 
otherwise expressly provided therein. 

Subd. 6. Shipping permits; prohibition; limitation. 
Only holders of hunting and trapping licenses shall 
be entitled to shipping permits described in sub- 
division three of this section, for shipment of quad- 
rupeds or birds taken in this state. No person shall 
be entitled to receive nor shall he apply for more 
than six such permits in any calendar year nor shall 
any person to whom such a permit has been issued 
transfer the same in any manner to any other per- 
son nor shall any other person use the same for 
shipping fish or game nor shall any person make any 
false statement in applying for such a permit nor 
shall one person use more than six thereof for ship- 
ping fish and game in any one calendar year. 

[As amended bv chapter 508, Laws of 1913 ; chapter 
521, Laws of 1916, and chapter 201, Laws of 1919.] 

§ 179. Transportation, sale; special. The provi- 
sions of section one hundred and seventy-eight hereof 
shall not apply to transportation of fish and game 



28 Conservation Law. 

for propagation purposes nor to transportation of 
the head, hide, feet or fur of quadrupeds or of the 
plumage or skin of game birds legally taken and pos- 
sessed and the same may be transported at any 
time. The head, hide and feet of quadrupeds legally 
taken and possessed may be bought and sold at any 
time. 

[As amended by chapter 508, Laws of 1913.] 

§ 180. Prohibited; sale of certain birds. The dead 
bodies of birds belonging to all species or sub-species, 
native to this state, protected by law or belonging to 
any family, any species or sub-species of which is 
native to this state and protected by law shall not 
be sold, offered for sale, or possessed for sale for 
food purposes within this state whether taken within 
or without this state, except as provided by sections 
three hundred and seventy-two and three hundred 
and seventy-three. 

§ 181. Presumptive evidence. Possession of quad- 
rupeds, birds or fish or of part thereof, during the 
time when the taking of the same in this state is 
prohibited, or when the possession of the same after 
the close of the open season is not permitted, shall 
be presumptive evidence that the same was unlaw- 
fully taken by the possessor. 

Quadrupeds, birds or fish, lawfully taken and pos- 
sessed in one part of the state, may be transported 
by the taker as provided by section one hundred and 
seventy-eight of this chapter and may be possessed 



Conservation Law. 29 

by the taker in any part oi* the state for the same 

period of time during which they may be lawfully 

possessed at the place where taken. 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914. J 

§ 1S2. Penalties. 1. Unless a different or other 
penalty or punishment is herein, specially prescribed, 
e, person who buys, sells, offers for sale, takes, 
possesses, transports or has in possession for sale or 
transportation any fish, bird or quadruped, shell- 
fish or crustacean in yiolation of any of the pro- 
visions of the conservation law in relation to fish 
and game, or who violates any of the provisions of, 
or who fails to perform any duty imposed by the 
said law, or any lawful order, rule or regulation 
adopted by the commission, is guilty of a misde- 
meanor; and in addition thereto is liable as follows: 
to a penalty of sixty dollars and an additional 
penalty of twenty-five dollars for each fish, bird or 
quadruped, or part of fish, bird or quadruped bought, 
sold, offered for sale, taken, possessed, transported 
or had in possession for sale or transportation in 
violation thereof; to a penalty of sixty dollars and 
an additional penalty of five dollars for each catch 
of shellfish or for each crustacean, or part of 
crustacean bought, sold, offered for sale, taken, pos- 
sessed, transported or had in possession for sale or 
transportation in violation thereof. 

2. A person who buys, sells, offers for sale, takes, 
possesses, transports or has in possession for sale or 



30 Conservation Law. 

transportation any deer, elk, moose, caribou, ante- 
lope, beaver or part of any such animal in violation 
of any of the provisions of said law or of any lawful 
rule or regulation of the commission, is guilty of a 
misdemeanor, and in addition thereto is liable as 
follows: to a penalty of one hundred dollars and an 
additional penalty of one hundred dollars for each 
deer, elk, moose, caribou, antelope, beaver or part 
of any such animal bought, sold, offered for sale, 
taken, possessed, transported or had in possession 
for sale or transportation contrary to law. 

3. A person who violates any of the provisions 
of sections two hundred and forty-five, two hundred 
and forty-seven or two hundred and forty-eight 
thereof, shall be guilty of a misdemeanor, and in 
addition thereto is liable as follows: to a penalty 
of five hundred dollars, and an additional penalty 
of ten dollars for each fish taken, killed or possessed 
i:i violation thereof. 

4. Any public officer who fails to perform any duty 
imposed by any of the provisions of said law or 
of any lawful rule or regulation of the commission 
is guilty of a misdemeanor, unless otherwise specifi- 
cally prescribed herein, and in addition thereto is 
liable to a penalty of one hundred dollars. 

5. A person who violates any provision of part 
eleven shall be guilty of a misdemeanor, and shall 
be liable to exemplary damages in the sum of twenty- 
five dollars for each offense or trespass to be 
recovered by the owner of the lands, or hunting or 
fishing rights thereon, with costs of suit, in addition 



Conservation Law. 31 

to the actual damages, all of which may be recovered 
in the same action. The consent in writing of such 
owner to hunt or fish on said lands during the open 
season shall be a defense to a prosecution under this 
section. 

6. A person who violates any of the provisions of 
section three hundred and twenty-four, subdivision 
one thereof, or of section three hundred and twenty- 
four, subdivision three thereof, shall be guilty of a 
misdemeanor, and in addition thereto is liable a3 
follows: to a penalty of not to exceed five hundred 
dollars for each offense. 

[As amended bv chapter 508, Laws of 1913: chapter 
521, Laws of 1916, and chapter 486, Laws of 1917, sub- 
division 6, added by chapter 289, Laws of 1919.] 

§ 183. Damaging fences by hunters and fishermen. 
Any person who, for the purpose of or while hunt- 
ing, trapping or fishing, shall without the permission 
of the owner, lessee or lawful occupant, enter upon 
the land of another, and while thereon shall cut, 
destroy or damage any bars, gates or fence, or any 
part thereof or shall leave open any bars or gates 
thereon resulting in damage to the owner or occu- 
pant thereof shall be guilty of a misdemeanor. 

[Added by chapter 2S7, Laws of 1919.] 

PART IV. 

Licenses: Hunting and Trapping. 
Section 185. Hunting and trapping license. 
186. Penalties. (Repealed 1916.) 
(New section in relation to guides' licenses enacted 
1916.) 



32 Conservation Laic. 

§ 185. Hunting and trapping license. Subd. 1. 
License required. No person or persons shall at 
any time hunt, pursue or kill with a gun, any wild 
animals, fowl or birds or take with traps or other 
devices any fur bearing animals, or engage in hunt- 
ing or trapping except as herein provided, without 
first having procured a license so to do, and then 
only during the respective periods of the year when 
it shall be lawful. 

Subd. 2. Application; penalties. Said license 
shall be procured from any county, city or town 
clerk in the following manner, to wit: The appli- 
cant shall fill out a blank application to be furnished 
by the commission through the clerk of each county, 
city or town, stating name, age, occupation and 
place of residence and post office address of appli- 
cant, also whether a citizen of the United States 
or an alien and such other facts or descriptions as 
may be required by the commission. Said applica- 
tion shall be subscribed and sworn to by the appli- 
cant before any officer authorized to administer 
oaths in the state of New York. Where the appli- 
cation is made to a town or city clerk, it may be 
sworn to before such clerk, who is hereby authorized 
to administer an oath for that purpose. Any 
false statement contained in such application shall 
render the, license null and void. Any person who 
shall make any false statement in an application 
for a license, shall be deemed guilty of perjury, and, 



, 



Conservation Laic. 33 

on conviction thereof, shall be subject to the pen- 
alties provided for the commission of perjury. 

Subd. 3. Fees. Said applicant, if a resident of 
the state for over six months and a citizen, shall 
pay to the clerk countersigning and issuing th« 
license the sum of one dollar as a license fee 
together with the sum of ten cents as the fee of the 
county, city or town clerk for issuing such license, 
and if a non-resident of the state or an unnaturalized 
person or an alien, resident or non-resident, shall pay 
to th@ clerk countersigning and issuing license the 
sum of ten dollars together with the sum of fifty 
cents as a fee to the clerk. 

Subd. 4. Disposition of fees. The license fees 
above provided for shall be remitted by the 
city and town clerks on the first Tuesday of each 
month to the county clerk of the county, with 
duplicate schedules setting forth the name and resi- 
dence of each licensee and the serial number of and 
the amount paid for each license issued. Such license 
fees, less three per centum thereof which the county 
clerk is hereby authorized to retain for his com- 
pensation, and the license fees received by the county 
clerk for issuing licenses from his office, less three 
per centum thereof for such compensation, shall 
belong to the state and shall be remitted to the 
commission on the second Tuesday of each month 
with a duplicate of said schedule, and the fees so 
received by the commission shall be remitted by the 

2 



84 Conservation Law. 

commission to the state treasurer as are fines and 
penalties. 

Subd. 5. Contents and power under. Said license 
shall be issued in the name of the commission, and 
be sealed with the seal of the county, city or town 
in which the same is issued and be countersigned 
by the clerk issuing the same. Every license issued 
shall be signed by the licensee in ink on the face 
thereof. It shall entitle the person to whom issued 
to hunt, pursue and kill game animals, fowl and 
birds and trap fur bearing animals within the state 
at any time when or place where it shall be lawful 
to hunt, pursue, kill and take such game animals, 
fowl and birds in this state. 

Subd. 6. Carrying and exhibiting same. No per- 
son to whom a license has been issued shall be en- 
titled to take wild animals, fowl or birds, or trap 
fur bearing animals in this state unless at the 
time of such taking he shall have such license on 
his person, and shall exhibit the same for inspection 
to any protector or other officer or other person re- 
questing to see the same. Such licensee shall also 
wear in a conspicuous place on his clothing a 
button to be furnished by the commission through 
the clerks issuing licenses. Buttons shall be uni- 
form in size and shall bear a number correspond- 
ing to the number of the license delivered to the 
applicant and such other matter as may be deter- 
mined by the commission. The failure of the li- 



Conservation Law. So 

censee at all times while hunting, trapping or tak- 
ing wild animals, fowls or birds, to wear such 
button in a conspicuous place on his clothing or 
failure to have his hunting and trapping license 
upon his person, shall cause a forfeiture of his 
license. Such person shall surrender upon demand 
his license and button to any game protector or 
other person duly authorized by the commission to 
receive the same. No other or additional penalty 
than the forfeiture of his hunting or trapping li- 
cense, as herein provided, shall be suffered by a 
licensee failing to wear such button or failing to 
have his hunting and trapping license upon his per- 
son. But such forfeiture shall not operate to 
prevent a person from procuring another license as 
provided in this section. The provisions of this 
section with respect to the issuance of and the 
wearing of a button shall take effect January first, 
nineteen hundred and seventeen. 

Subd. 7. Termination. Such license shall be void 
after the thirty-first day of December next succeed- 
ing its issuance. 

Subd. 8. Exception. Provided that the owner or 
owners of farm land, and their immediate family or 
families occupying and cultivating the same, or the 
lessee or lessees thereof and their immediate family 
or families who are actually occupying and cultivat- 
ing the same, shall have the right to hunt, kill and 
take game or trap fur bearing animals on the farm 
land of which he or they are the bona fide owners 



36 Conservation Law. 

or lessees, during the season when it is lawful to 
kill and take the same, without procuring such 
resident license; and further provided that minora 
under the age of sixteen years shall not be re- 
quired to take out a license to trap fur bearing 
animals. 

Subd. 9. Alteration, transfer. No person shall at 
any time alter or change in any material manner 
or loan or transfer to another, any license or license 
button issued in pursuance to the provisions of this 
section. 

Subd. 10. Prosecution by individuals. All prose- 
cutions for a violation of the provisions of this 
article relating to licenses may be brought by any 
person upon order of the commission in the name 
of the people of the state of New York against any 
person or persons violating any of the provisions of 
this article, so far as it relates to licenses, before 
any court of competent jurisdiction; and it is hereby 
made the duty of all district attorneys to see that 
the provisions of this section are enforced in their 
respective counties, and said district attorneys shall 
prosecute all offenders on receiving information of 
the violation of any of the provisions of this section ; 
and it is hereby made the duty of all sheriffs, 
deputy sheriffs, constables and police officers to 
inform against and prosecute all persons who, there 
is reasonable cause to believe, are guilty of violat- 
ing any of the provision? o* this section. Nothing 



Conservation Law. Wf 

herein shall prevent the commission from prose- 
cuting persons for violation of this section. 

Subd. 11. Proceeds of actions. All moneys re- 
covered in any penal action under this chapter, in 
bo far as it relates to licenses, shall be remitted 
by the person or court recovering the same to the 
commission; one-half of the amount recovered in 
any penal action under this section, in so far as it 
relates to licenses, after all disbursements and ex- 
penses in relation to the same, including attorney's 
fees, shall have been paid, shall be paid to the 
person filing the complaint in such action by the 
state treasurer on approval of the commission. 
unless such person is a regular game protector. 

Subd. 12. Costs. All bills for costs, disburse- 
ments and attorney's fees in any action or pro- 
ceeding under this article relating to licenses shall 
be duly verified, presented to the commission, au- 
dited by said commission and paid on its approval 
by the state treasurer to the person entitled to the 
same. 

Subd. 13. Form of license. The form of the 
license shall be determined and the license blank 
prepared by the commission, and by it furniahed 
through the county clerks of the several counties 
of the state to the city and town clerks. 

Subd. 14. Clerk's reports. On the thirty-first day 
of December of each year the city and town clerks 
shall detach the stubs of licenses issued and 
forward the same securely attached to a report 



38 Conservation Law. 

of the number issued and the amount of license 
money received to the county clerk of the county, 
whose duty it shall be to see that proper returns 
are made to him by all city and town clerks in 
his county, and to return to the commission all 
such stubs and reports with a final report recapitu- 
lating and tabulating the total number of licenses 
of all kinds issued in his county in the calendar 
year. 

Subd. 15. Clerks reimbursed for expenses. The 
county clerk shall be reimbursed by the state for 
postage and expressage used in distributing licenses 
to city and town clerks and for his monthly re- 
ports required to be made to the commission; his 
bills therefor shall be presented, audited and paid 
as herein provided for other payments. 

[As amended bv chapter 508. Laws of 1913 ; chapters 
297 and 521, Laws of 1916 : chapters 81 and 486, Laws 
of 1917, and chapter 291, Laws of 1919.] 

• § 186. In relation penalties. [Repealed by chap- 
ter 521, Laws of 1916.] Section 186 in relation to 
guides' licenses added by chapter 538, Laws of 1919. 

[Former section 186 repealed by chapter 508, Laws 
of 1913.] 

§ 186. Guides, licenses. The conservation commis- 
sion shall maintain a register of persons competent 
to engage in the business of guiding in that portion 
of New York State known as the forest preserve 
counties, and shall issue licenses and a distinguish- 
ing badge to qualified persons. The commission shall 
prescribe rules and regulations under which such 



i 



Uonservation Law. 39 

licenses shall be issued. The license shall be issued 
for the calendar year and must be renewed each 
year. Any such licensed guide who violates any 
provision of this chapter, or violates any lawful rule 
or regulation established by the conservation com 
mission shall, in addition to the liabilities for the 
penalties prescribed for such violation in this chap- 
ter, immediately forfeit and surrender his license 
and no license to act as a guide shall be issued to 
such person for a period of two years following such 
forfeiture. All persons licensed as guides, shall be 
citizens of the United States, at least twenty-one 
years of age and shall have the same power as 
special game protectors except the right to search 
without a warrant. 

A guide is a person who engages for hire in the 
business of guiding parties in traversing the terri- 
tory in which he is licensed to guide and shall be 
skilled in the use, management and handling of 
such boats or canoes, on lake, pond, river or other 
waters, as are used in the territory in which he is 
authorized to guide and who shall be a safe and 
competent person under all circumstances to be a 
guide for camping, hunting or inland fishing parties. 

The conservation commission shall annually pub- 
lish a list of all guides licensed as herein provided. 

(Former section 186 relating to non-resident trap- 
ping license repealed by chapter 508, Laws of 1913 
and reenacted relating to penalties and repealed by 
chapter 521, Laws of 1916. Present section added 
by chapter 538, Laws of 1919.) 





Use the Same Care 
With Fire 
in the Woods 
as 



Conservation Commission 



HO I 



Conservation Law. 41 

§ 188. Nonresident fishing license. No person, 
except a bona fide resident of this state for at least 
thirty days immediately prior to such taking, shall 
take any fish by angling in any of the fresh waters 
under the jurisdiction of the state of New York or 
shall engage in fishing in such waters without first 
having procured a license so to do. Said license 
shall be procured in the manner provided in section 
one hundred and eighty-five hereof. The applicant 
shall pay to the clerk the sum of two dollars as a 
license fee therefor, together with the sum of fifty 
cents as a fee to the clerk; provided, however, that, 
a non-resident person under the age of sixteen years 
may take fish, by angling, without obtaining a fishing 
license. The provisions of section one hundred and 
eighty-five in so far as the same are applicable to 
licenses shall apply to all licenses issued under this 
section; provided, however, that if a resident of this 
state may lawfully take fish in such part of the 
international boundary waters bordering upon the 
state of New York as are not within the jurisdic- 
tion of the said state without being required to ob- 
tain a fishing license from the country having juris- 
diction over the said waters, then a resident of said 
country may take fish in such part of said interna- 
tional boundary waters as are within the jurisdiction 
of the state of New York without obtaining the non- 
resident fishing license provided for herein. 

[Added by chapter 223, Laws of 191?) ; amended by 
chanter 522, Laws of 1016 : amended by chapter 52, 
Laws of 1918.] 



42 Conservation Law. 

PART V. 

Quadrupeds. 
Section 190. Wild deer; open season; limit; manner 
of taking. 

191. Possession of wild deer or venison. 

192. Deer; open season, special. 

193. Dogs to be licensed. 
193a. Dogs may be trained. 

193b. Cats hunting or killing birds. 

194. Wild moose, elk, caribou and antelope. 

195. Black, gray and fox squirrels; open 

season; limit. 

196. Hares and rabbits; open season; limit; 

sale. 

197. Beaver; close season. 

198. Mink, raccoon and sable; open season. 

199. Skunk. 

200. Propagation of fur bearing animals per- 

mitted. 

201. Muskrat; open season. 

202. Land turtles. 

203. Penalties. 

§ 190. Wild deer; open season; limit; manner of 
taking. 1. Open season. Any wild deer of either 
sex, other than fawns, may be taken from October 
first to November fifteenth, both inclusive, and in 
wholly inclosed deer parks and in the counties of 
Clinton, Essex, Franklin, Fulton, Hamilton, Herki- 






Conservation Law. 43 

*< 
mer, Jefferson, Lewis, Oneida, Oswego, Saratoga, 
St. Lawrence, Warren and Washington. 

[As amended by chapter 521, Laws of 1916, and chap- 
ter ,"37, Laws of 1919.] 

2. Limit. A person may take one suck wild deer 
in an open season, and the taker may transport, 
when accompanying the same, or possess for that 
purpose one carcass or part thereof at any one time, 
or he may transport the same as provided by sec- 
tion one hundred 1 and seventy-eight, provided the 
evidence of the sex has not been removed from such 
carcass or part thereof. The untanned hide of any 
deer shall not be dressed, trimmed, or cut in such a 
manner as to destroy evidence of sex, except in the 
actual process of tanning. 

[As amended by chapter 92, Laws of 1914, and chap- 
ter 537, Laws of 1919.] 

3. Manner of taking. Wild deer may be taken 

only on land. No jacklight or other artificial light, 

trap, saltlick, or othc*- device to entrap or entice 

deer shall be used, made or set, nor shall any deer 

be taken by aid or use thereof. Deer shall not be 

hunted, pursued or killed by any dog of either sex. 

[As amended by chapter 508, Laws of 1913, and chapter 
521, Laws of 1916.] 

§ 191. Possession of wild deer or venison. Wild 
deer or venison lawfully taken may be possessed from 
October first to November twentieth, both inclusive 
A person may possess such deer or venison from 
November twenty-first to February first, both in- 
clusive, provided a license so to do shall first be ob- 



44 Conservation Lau. 

tained from the commission. Every person obtain- 
ing such license shall pay to the -commission a fee of 
one dollar. Deer or venison so possessed shall at 
all times be marked or tagged in such manner as 
the commission may provide. If possession of deer 
is obtained for transportation after October first and 
before midnight of November sixteenth, it may law* 
fully remain in the possession of a common carrier 
the additional time necessary to deliver the same to 
its destination. Possession of deer or venison, or 
any part thereof, from November sixteenth to Febru- 
ary first, both inclusive, shall be presumptive evi- 
dence that the same was unlawfully taken. 

[As amended by chapter 508, Laws of 1913. and 
chapter 92, Laws of 1914, and chapter 521, Laws of 1916.] 

§ 192. Deer, open season, special. Only wild deer 
having horns not less than three inches in length 
may be taken in Ulster county and in the towns of 
Neversink, Cochecton, Tusten, Highland, Lumberland, 
Fo'restburg, and Bethel, and all that section of the 
towns of Mamakating and Thompson, lying south of 
the Newburgh and Cochecton turnpike, in Sullivan 
county, and the town of Deerpark in Orange county, 
from November first to November fifteenth, both 
inclusive; and in Columbia, Dutchess and Rens- 
selaer counties, from October first to November 
fifteenth, both inclusive, by the owner or lessee of 
the land on which deer are taken or by the imme- 
diate family of such oAvner or lessee, as defined in 
subdivision twenty-eight of section three hundred 



Conservation Law. 45 

and eighty of this chapter. Not more than one such 

deer shall be taken by such an owner or lessee and his 

immediate family in the aggregate during the open 

season in Columbia, Dutchess or Rensselaer counties 

and only shotguns loaded with slugs or shot not 

smaller than Buckshot shall be used in taking such 

deer. 

[As amentled By eftrpter 508. Laws of 1913, and chap- 
ter 3117. Raws of 1017.] 

§ 1S3. Dogs to be licensed. No dog of either sex 
shall lie taken into the Adirondack or the Catskill 
Park, or into forests inhabited by deer, or harbored 
or possessed therein, unless the owner shall first 
obtain a license for such dog from the commission, 
and pay a fee of one dollar therefor. The license 
shall be issued by the commission in its discretion 
and under such rules and regulations as it may 
deem advisable and shall terminate with the calendar 
year in which issued. A metal tag marked with a 
number corresponding to the number of the license 
shall be issued with the said license, and shall be 
attached to a collar and shall be at all times worn 
by the dog so licensed. 

Dogs of either sex, licensed as, herein provided, 
shall not run at large in the Adirondack or the 
Catskill Park or forests inhabited by deer, unac- 
companied by the owner. 

Any act committed or done contrary to the pro- 
visions of this section, or the neglect to perform 
any duty provided therein, shall be deemed a viola- 
tion thereof for which the owner shall be liable. 



46 Conservation Laic. 

Any person may and it shall be the duty of every 
game protector to kill any dog of either sex pur- 
suing or killing deer, and no action for damages 
shall be maintained against the person for such 
killing. The prohibitions of this section shall not 
apply to dogs upon lands actually fanned or culti- 
vated by the owner of such dog, or within the limits 
of an incorporated village or town, or a community 
having a resident population of not less than one 
hundred individuals. 

[Old section repealed, new section added by chap- 
ter 521, Laws of 1916.] 

§ 193-a. Dogs may be trained. The owner of any 
duly licensed dog may during the month of Sep- 
tember in each year take the same afield for the 
purpose of training said dog, provided that such 
owner shall carry no fire arms and that no injury 
be inflicted upon any quadrupeds or game birds, 
contrary to law; and further provided that the said 
owner shall have first obtained from the commis- 
sion a permit so to do. 

The word " owner " as used in this section shall 
include a trainer who harbors or keeps a dog for 
the purpose of training the same. 

[Added by chapter 491, Laws of 1917.] 

§ 193-b. Cats hunting or killing birds. Any per- 
son over the age of twenty-one years, who is the 
holder of a valid hunting and trapping license, may, 
and it shall be the duty of a game protector or other 
Teace officer to, humanely destroy a cat at large 



i, 



Conservation Law. 47 

found hunting or killing any bird protected by law 
or with a dead bird of any species protected by law 
in its possession; and no action for damages shall be 
maintained for such killing. 

[Added by chapter 333, Laws, or 1918.] 

§ 194. Wild moose; elk; caribou and antelope. 
There shall be no open season for wild moose, elk, 
caribou and antelope; but they may be brought into 
the state for breeding purposes. The flesh or any 
portion of any such animal may be possessed or 
transported by the owner thereof provided such 
animal was killed by the owner thereof, in a private 
park within the state, and further provided that the 
provisions of section three hundred and seventy-two 
in so far as the same are applicable are in all 
respects complied with. 

[As amended by chapter 521, Laws of 1916.] 

§ 195. Black, gray and fox squirrels; open season; 
limit. 

1. Open season. Black, gray and fox squirrels may 
be taken and possessed from October first to Novem- 
ber fifteenth, both inclusive, except on Long Island, 
where they may be taken and possessed from 
November first to December thirty-first, both in- 
clusive. No person shall take black, gray or fox 
squirrels within the corporate limits of any city or 
village. 

2. Limit. A person may take five such squirrels, 
either all of one kind or partly of each, in one day. 

[As amended by chapter 50S, Laws of 1913J 



48 (Jonservahon Law. 

§ 196. Hares and rabbits; open season; limit; 
sale; breeding. 

1. Open season. The open season for varying ftarea 
and cottontail rabbits shall be from October first to 
March first, both inclusive. The use of ferrets is 
at all times prohibited, except that the commission 
may by resolution permit ferrets to be used in par- 
ticular counties. The owners or occupants of in- 
closed or occupied farms and lands or a person duly 
authorized in writing by such owner or occupant 
may take except by use of ferrets in any manner at 
any time and in any number varying hares ami 
tontail rabbits which are injuring their pro] 
Except in counties where the use of ferrets is per- 
mitted by the conservation commission, the posse 

of ferrets afield shall be presumptive evidence of 
their illegal use. 

2. Limit. A person may take six varying bares 
or cottontail rabbits either all of one kind or partly 
of 'each in one day. 

3. Sale. Varying hares and cottontail rabbits may 
be bought and sold during the open season for the 
taking thereof and when brought from without the 
state, may be bought and sold at any time and in 
any number. 

4. Breeding. Varying hares and cotton-tail rab- 
bits when bred in captivity may be bought and sold 
for food purposes during the close season therefor, 
provided a license so to do shall have first been 
obtained from the commission, upon the payment to 



Conservation Law. 49 

it of a license fee of five dollars a year. Varying 

hares and cotton-tail rabbits so bred may be bought 

and sold for food purposes during the close season, 

provided the same shall first have been tagged with 

an indestructible tag or seal which shall be supplied 

by the commission under such rules and regulations 

as it deems advisable. 

[Subd. 4 added by chapter '521, Laws of 1916.] 
[As amended by chanter 521, Laws of 1916, and chap- 
ter 144. Laws of 1918.] 

tee Additional Protection Orders. 

§ 197. Beaver; closed season. No person shall take 
or possess beaver at any time or molest or disturb 
any wild beaver or the dams, houses, homes or 
abiding places of same, except as permitted in sec- 
tion one hundred and fifty-eight. 

[As amended by chapter 521, Laws of 1916.] 

§ 193. Mink; raccoon and sable; open season. 
Mink and sable may be taken either in the day time 
or at night and in any manner and possessed from 
November tenth to March fifteenth, both inclusive. 
Raccoon may be taken within the Catskill Park in 
the day time or at night in any manner except 
with traps and possessed from October first to 
March fifteenth, both inclusive. Raccoon may be 
taken elsewhere in the day time or at night in any 
manner and possessed from November tenth to Feb- 
ruary tenth, both inclusive. 

[As amended by chapter 508. Laws of 1TT13; and by 
chapter 92, Laws of 1914, and chapter 521, Laws of 
1916 ; chapter 374, Laws of 1917, and chapter 288, Laws 
of 1919.] 



50 Conservation Law. 

§ 199. Skunk. Skunk may be taken either in the 
daytime or at night and in any manner, except that 
they shall not be taken from holes or dens by digging, 
smoking or the use of chemicals, and they must 
not be hunted, pursued or killed by dogs, and they 
may be possessed from November tenth to February 
tenth, both inclusive. Skunks which are injuring 
property or have become a nuisance may be taken 
at any time in any manner; but the skunk or any 
part thereof so taken shall not be possessed, bought, 
sold or trafficked in. 

[As amended by chapter 508. Laws of 1913. and by 
chapter 92, Laws of 1914 ; chapter 486, Laws of 1917, 
and chapter 2SS, La ays of 1919.] 

§ 200. Propagation of fur bearing animals per- 
mitted. All species of fur-bearing animals protected 
by this chapter may be kept alive in captivity at all 
times for purposes of propagation and sale only, pro- 
vided a license so to do shall first have been obtained 
from the commission. Every person obtaining such 
"license shall pay the commission the sum of five 
dollars as a license fee. No fur bearing animals 
shall be thus kept which are taken wild during the 
close season for such fur-bearing animals, and such 
fur-bearing animals so kept shall not be disposed of 
in any way during the close season. 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914.] 

§ 201. Muskrat; open season. Muskrat may be 
taken in any manner, except as herein prohibited, 
day or night, and possessed from November tenth to 



Conservation Law. 51 

April twentieth, both inclusive. Muskrat houses 

ehall not be molested, injured or disturbed at any 

time. The taking of muskrats by shooting is 

prohibited. 

TAs amended bv chapter 147, Laws of 1913, chapter 
508, Laws of 1913, and chapter 92, Laws of 1914, and 
chapter 521, Laws of 1916.] 

§ 202. Land turtles. Taking, killing or exposing 
for sale of all land turtles or tortoises, including the 
box turtle and the wood turtle, is hereby prohibited 

§ 203. [Repealed by chapter 521, Laws of 1916.] 

PART VI. 
Birds. 

Section 210. Game birds defined. 

211. Anatidse or water fowl, open season, 

limit, manner of taking. 

212. Water fowl, open season, manner of 

taking, special. 

213. Kallidae; open season, limit. 

214. Gallinae or upland game birds, open 

season, limit. 

215. Upland game birds, open season, limit, 

special. 

216. Limicolae or shore birds, open season, 

limit. 

217. Shore birds, open season, special. 

218. Antwerp or homing pigeons. 

219. Certain wild birds protected. 

220. Destroying or robbing nests. 



52 Conservation Laic. 

Section 221. Snares, nets, and traps. 

222. Game shall not be taken on certain 

public lands. 
222-a. Game not to be taken from an auto- 
mobile. 

223. Penalties. 

§ 210. Game birds defined. For the purpose of this 
act the following only shall be considered game birds. 

The anatidee or water fowl, commonly known a* 
geese, brant, swans and river and sea ducks ; 

The rallidse, commonly known as rails, American 
coots, mud hens and gallinules-; 

The gallinae, or upland game birds, commonly 
known as wild turkeys, grouse, prairie cbicken3, 
pheasants, partridges and quail. 

The limicoloe, or shore birds, commonly known as 
woodcock, snipe, plover, surfbirds, sandpipers, tatlers 
and curlews. 

. § 211. Anatidee or water fowl; open season; limit; 
manner of taking. 

1. Open season. Water fowl, wild and domestic, 
except wood ducks, eider ducks and swan, may 
be taken from September sixteenth to December 
thirty-first, both inclusive. They may be possessed 
from September sixteenth to January tenth, both 
inclusive. 

2. Limit. A person -may take in any one day 
during the open seasons prescribed therefor in sec- 
tions two hundred and eleven and two hundred and 



Conservation Lau\ 53 

•twelve not to exceed the following numbers of 
migratory game birds mentioned therein : Bucks, 
-except wood duck, eider ducks and swan; twenty-five 
in the aggregate of all lands; geese, eight in the 
aggregate of all kinds; brant, eight. 
[Amended by chapter 1, Laws of 1919.1 

3. Manner of taking. Water fowl may be taken 

during the open season from the land, from a blind 

or floating device used to conceal the hunter (other 

than a sail or power boat), from a row boat, when 

the same is within fifty feet of the shore or a natural 

growth of flags or in pursuit of wounded birds. 

Flocks of ducks shall not be pursued in fresh water 

bo as to drive them away from any neighborhood. 

[Re-enacted without change, as amended by chapter 
508, Laws of 1913; amended by chapter 521, Laws of 
1916, and chapter 486, Laws of 1917.] 

§ 212. Waterfowl; open season; manner of tak- 
ing; special. 

1. Open season. Waterfowl, wild and domestic, 
except wood duck, eider ducks and swan, may be 
taken on Long Island and the waters adjacent 
thereto from October sixteenth to January thirty- 
first, both inclusive. They may be possessed from 
October sixteenth to February tenth, both inclusive. 

2. Manner of talcing. Waterfowl may be taken 
during the open season therefor by aid of any float- 
ing device other than sailboats or power boats, at 
any distance from shore on Long Island Sound, 
Lake Erie, Niagara river, Oneida lake, Shinnecock, 



eep the 
Woods Green 

AND 

Protect the Game 

BY 

PREVENTING 
FOREST FIRES 



Extinguish burning matches, 
cigarettes, cigars, tobacco. 

Be sure your camp fire is extin- 
guished before you leave it 

Conservation Commission 

1541 



Conservation Law. 55 

Gardiner and Peconic bays and in Great South bay 

west of Smith's Point and east of the Nassau-Suffolk 

county line. 

[As amended by chapter 486, Laws of 191 1, and chap- 
ter 1, Laws of 1919.] 

§ 213. Rallidas; open season; limit. 

1. Open season. Sora and other rails, except coot 
and gallinules, may be taken from September first 
to Xovember thirtieth, both inclusive. They may 
be possessed from September first to December tenth, 
both inclusive. 

Coot and gallinules may be taken from Septem- 
ber sixteenth to December thirty-first, both inclusive, 
except on Long Island, where they may be taken 
from October sixteenth to January thirty-first, both 
inclusive. They may be possessed from September 
sixteenth to January tenth, both inclusive. When 
lawfully taken on Long Island they may be pos- 
sessed from October sixteenth to February tenth, 
both inclusive. 

2. Limit. A person may take not to exceed twenty- 
five in the aggregate of all kinds of rails, coot and 
gallinules in one day during the open season. 

§ 214. Gallinae or upland game birds; open season; 
limit. Upland game birds may be taken as follows, 
and when so taken may be possessed during the 
open season therefor and for an additional period of 
the five days next succeeding the said open season. 

[As amended by chapter 521, Laws of 1916.1 



56 Conservation Laic. 

1. Quail. There shall be no open season for quail 
before October first, nineteen hundred and twenty. 

2. Grouse or partridge. October first to November 

thirtieth, both inclusive. A person may take not to 

exceed four grouse or partridge in one day and 

twenty in the open season. 

(Note. — Pursuant to the provisions of section 152 of 
the conservation law the Commission granted additional 
protection to grouse or partridge from November 1st to 
November 30th, inclusive, thereby making the open 
season from October 1st to October 31st, inclusive. 
During the open season herein fixed but two grouse or 
partridge may be taken in one day and but ten in the 
open season.) 

3. Wild pheasants. On the last two Thursdays 
in the month* of October and the first two Saturdays 
in the month of November and possessed during tne 
period of time between the first open Thursday in 
October and the Thursday immediately following 
the last open Saturday in November, both inclusive. 
Only wild male pheasants may be taken. A person 
may take and possess not to exceed three wild male 
pheasants in the open season. 

[See Additional Protection Orders.] 

4. Partridge. There shall be no open season for 

Hungarian or European gray legged partridge. 

[As amended bv chapter 508, Laws of 1913 ; chapter 
02. Laws of 1914 ; chapter 486, Laws of 1917. and 
chapter 281, Laws of 191S.] 

§ 215. Upland game birds; open season; limit; 

special. Quail, pheasants, and grouse may be taken 

on Long Island from November first to December 



Conservation Law. 57 

thirty-first, both inclusive. A person may take not 

to exceed six quail, four male pheasants and two 

grouse in any one day and forty quail, thirty male 

pheasants and fifteen grouse, in the open season on 

Long Island. 

[As amended by chapter 508, Laws of 1913, and chapter 
521, Laws of 1916, and chapter 4S6, Laws of 1917.] 

(Note. — Pursuant to the provisions of section 152 
of the conservation law the Commission granted addi- 
tional protection to grouse or partridge on Long I^and 
from December 1st to December 31st, inclusive, thereby 
making the open season on Long Island from November 
1st to November 30th, inclusive. During the open season 
herein fixed but two grouse or partridge may be taken 
in one day and but ten in the open season.) 

§ 216. Limicolae or shore birds; open season; 
limit. Shore birds may be taken as follows, and 
when so taken may be possessed during the open 
season therefor and for an additional period of the 
ten days next succeeding the said open season: 

1. "Woodcock. October first to November thirtieth, 
both inclusive. A person may take not to exceed 
six woodcock in one day and twenty-four in the open 
season. 

2. Black-bellied and golden plovers and greater 
and lesser yellow-legs. August sixteenth to Novem- 
ber thirtieth, both inclusive. A person may take 
not to exceed fifteen black -bellied and golden plovers 
and greater and lesser yellow-legs in the aggregate 
of all kinds in one day. 

3. Wilson snipe or jacksnipe may be taken from 
September sixteenth to December thirty-first, both 



58 Conservation Law. 

inclusive, except on Long Island, where they may 
be taken from October sixteenth to January thirty- 
first, both inclusive. A person may take during the 
open season therefor not to exceed twenty-five Wilson 
snipe or jacksnipe in any one day. 

[Re-enacted without change, as amended by chapter 
508, Laws of 1913 ; chapter 521, Laws of 1916, and 
chapter 1, Laws of 1919, subdivision 3, added by chapter 
1, Laws of 1919.] 

[Section 217, shore birds ; open season. Repealed by 
chapter 1, Laws of 1919.] 

§ 218. Antwerp or homing pigeons. No person 
shall take or interfere with any Antwerp or homing 
pigeon if it have the name of its owner stamped 
upon its wing or tail, or wear a ring or seamless 
leg band with its registered number stamped thereon. 
or have any other distinguishing mark; nor shall 
any person remove any such distinguishing mark 
from any such pigeon. 

§ 219. Certain wild birds protected. Wild birds 
other than the English sparrow, starling, crow, 
hawk, snow-owl, great gray owl, great horned owl, 
great blue heron, bittern, crow black bird and king- 
fisher shall not be taken or possessed at any time, 
dead or alive, except under the authority of a certifi- 
cate issued under this article. Red-winged black- 
birds which are destroying any crop may be killed at 
any time during the months of June, July, August 
and September by the owner or occupant of any real 
property on which such a crop is being grown, or 
by any person in the employ of such owner or 



Conservation Law. 59 

occupant, but no part of the plumage, skin or body 
of any bird protected by this section or of any 
birds coming from without the state, whether 
belonging to the same or a different species from 
that native to the state of New York, provided such 
birds belong to the same family as those protected 
by this article, shall be sold or had in possession ior 
•ale. The provision of this section shall not apply 
to game birds for which an open season is provided 
in this article, birds or parts thereof collected or 
possessed in accordance with the provisions of sec- 
tion one hundred and fifty-nine. 

[As amended by chapters 77 and 521, Laws of 1916 ; 
chapter 48G, Laws of 1917, and chapter 258, Laws of 
1919.] 

§ 220. Destroying or robbing nests. Nests of wild 
birds other than the English sparrow, starling, crow, 
hawk, snow-owl, great gray owl, great horned owl, 
great blue heron, bittern, and king-fisher shall not be 
robbed or wilfully destroyed, except when necessary 
to protect buildings or prevent their defacement, 
or when taken under the authority of the commis- 
■ion. 

[As amended by chapter 486, Laws of 1917.1 

§ 221. Snares, nets or traps. No wild bird, or 
bird for which a close season is provided, shall be 
trapped, netted or snared, or, if so taken, possessed. 
No net, trap or snare for taking pheasants, grouse 
or quail, shall be set, placed or used where such birda 
can be taken. Any such net, trap or snare is de- 



80 Conservation Law. 

clared to be a public nuisance, and may be sum- 
marily abated and destroyed by any person, and it 
shall be the duty of every protector to seize and 
destroy any such device. 

[As amended by chapter 508, Laws of 1913.] 

§ 222. Game shall not be taken on certain public 
lands. Game shall not be taken on the lands pur- 
chased or condemned by any municipality within 
the state for the purpose of supplying any munic- 
ipality with water and protecting the same from 
pollution and contamination, or on any public high- 
way, except public highways other than state or 
county highways within the forest preserve counties. 

[As amended by chapter 405, Laws of 1916.] 

§ 222-a. Game not to be taken from an auto- 
mobile. No person while in an automobile shall take 
game; nor by aid or use of any light or lights 
carried thereon or attached thereto. 
. [As added by chapter 404, Laws of 1916.] 

§ 223. [Repealed by chapter 521, Laws of 1916.] 

PART VII. 
Fish. 

Section 230. Sale of minnows for bait. 

231. Bass; open season; limit. 

232. Trout; open season; limit. 

234. Lake trout and whitefish; open seasom 
and size limit; catch; sale of. 



Your Pleasures 
and Privileges 
in the Woods 
Depend on Your 
Care With Fire 

Extinguish burning matches, 
tobacco, cigars, cigarettes. Use 
small campfires on bare ground 
and extinguish before leaving. 




62 Conservation Law. 

Section 235. Lake trout and whitefish; open season; 
special. 

236. Pikeperch; open season; size limit; 

sale of. 

237. Pickerel and pike; open season and 

limit; sale of. 

238. Short nosed sturgeon; lake sturgeon; 

sea sturgeon; open season and size 
limit; sale of. 
839. Maskalonge; open season and size limit; 
sale of. 

240. Striped bass; size limit; sale of. 

241. Smelt or icefish; open season and size 

limit; sale of. 

242. Prohibited; stocking private waters. 

243. Prohibited; disturbing bass, trout and 

lake trout while spawning. 

244. Prohibited; thumping. 

245. Prohibited; explosives. 

246. Prohibited; obstructing streams. 

247. Prohibited; polluting streams. 

248. Prohibited; polluting waters used by 

state fish hatcheries. 

249. Prohibited; drawing off water. 

250. Prohibited; placing fish in certam 

waters. 

251. Prohibited; fishing near fishways. 
•253. Tip-ups. 

254. Set and trap lines. 

* 6© in original. 



Conservation Law. 63 

Section 255. Spearing. 

256. Eel weirs and eel pots. 

257. Frogs. 

258. Penalties. 

§ 230. Sale of minnows for bait. No person shall 
take minnows for bait with a net, trap or seine or 
sell minnows so taken without having first obtained 
a license so to do from the commission. Provided, 
however, that no license shall be required from a 
person to take minnows for his own use and not 
for sale. Minnows shall not be taken within one 
hundred feet of any dock, pier or boat landing struc- 
ture along the Saint Lawrence river without the 
consent of the owner thereof, nor shall they be 
taken with a net, trap or seine in waters inhabited 
by trout. 

§ 231. Bass; open season; limit. 

1. Open season. Black bass not less than ten 
inches in length may be taken and possessed -from 
June sixteenth to November thirtieth, both in- 
clusive. 

2. Size of catch. A person may take not to ex- 
ceed fifteen such black bass in one day, but when- 
ever two or more persons are angling from the same 
boat they may take not to exceed twenty-five in 
one day. 

[See Lake George. See Additional Trotection Orders.] 
§ 232. Trout; open season; limit. 
1. Open season. Trout not less than six inches 
in length may be taken and possessed from the first 



#4 Conservation Law. 

Saturday of April to August thirty-first, both in- 
clusive. 

2. Size of catch. A person may take not to exceed 
ten pounds of trout in one day. 

[As amended bv chapter 508, Laws of 1913 and 
chapter 92, Laws of 1914.] 

§ 233. [Repealed by chapter 50S, Laws of 1913.] 

§ 234. Lake trout and whitefish; open season and 

size limit; catch; sale of. 

1. Open season and size limit. Lake trout not 
less than fifteen inches in length and whitefish not 
less than one and three-quarters pounds in the round 
may be taken and possessed from April first to Sep- 
tember thirtieth, both inclusive. In lakes and 
streams within the boundaries of the Adirondack 
park whitefish not less than twelve inches in length 
may be taken and possessed. 

2. Otsego w^hitefish, commonly called Otsego bass, 
not less than nine inches in length may be taken 
and possessed from January first to October thirty* 
first, both inclusive. 

3. Size of catch. A person may take by angling 
not to exceed ten lake trout in one day, but when- 
ever two or more persons are angling from the same 
boat they may take not to exceed fifteen in one 
day. Whitefiah may be taken in any number or 
quantity. 

4. Sale of. Such lake trout and whitefish may be 

bought and sold during the open season therefor. 

[As amended by chapter 508, Laws of 1913 ; chapter 
92. Laws of 1914, and chapter 59, Laws of 1918.] 
[See Lake George.] 



Conservation Law. 65 

§ 235. Lake trout and whitefish; open season; 
special. Lake trout and whitefish may be taken in 
Lakes Erie and Ontario in any number or quantity 
at any time, and when so taken may be possessed, 
bought and sold, provided that every person to whom 
a license is issued- to take such fish with a net or 
nets operated from power boats shall, when required 
by the commission, furnish without charge to the 
commission eggs and milt from such fish taken by 
him during the spawning season. Such eggs and 
milt shall be taken by the commission for propaga- 
tion only and shall be taken from the fish by the 
agents of the commission. The person to whom 
such license is issued may be required by the com- 
mission to give a bond with sufficient sureties 
approved by the commission conditioned that he 
will furnish such eggs and milt as aforesaid and 
permit the agents of the commission to be present 
in any such boat at the time of the taking of such 
fish for the purpose of taking such eggs and milt 
and conditioned that he will not hinder or delay 
Buch agent in the performance of such duty nor in 
the landing of such eggs and milt from said boat in 
good order. 

Lake trout not less than fifteen inches in length 

and white fish not less than one and three-quarters 

pounds in the round taken without the state may 

be imported into this state at any time and when 

so imported may be possessed, bought and sold. 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914.] 



56 Conservation Law. 

§ 236. Pike perch; open season; size limit; sale of. 

1. Open season; size limit and sale of. Pike perch 
not less than twelve inches in length may be taken, 
possessed, bought and sold in any number or 
quantity from May tenth to March first, both 
inclusive. 

2. Blue pike perch and saugers of any size may be 
taken at any time and in any number or quantity 
in Lakes Erie and Ontario and in the Niagara 
liver, and when so taken may be possessed, bought 
and sold. 

[As amended by chapter 403, Laws of 1916, and chap- 
ters 300 and 486, Laws of 1917.] 
[See Lake George.] 

§ 236-a. Yellow perch; open season; sale of. 1. 
Yellow perch may be taken and possessed, in any 
number or quantity, from the waters of Cazenovia 
lake, Otisco lake, Skaneateles lake, Cross lake, 
Onondaga lake and Jamesville reservoir, only be- 
tween the first day of May and the first day of 
March, both inclusive. 

2. Such yellow perch may be bought and sold dur- 
ing the open season therefor. 

[Added by chapter 219, Laws of 1915, and amended by 
chapter 521, Laws of 1916.] 

§ 237. Pickerel and pike; open season and limit; 
sale of. 

1. Open season. Pickerel and pike in any number 
or quantity may be taken and possessed from May 
first to March first, both inclusive, except as herein 
provided. 



Conservation Law. 67 

2. Limit. In the Saint Lawrence river a person 
may take in one day not to exceed twelve great 
northern pike, locally known as " pickerel " not lees 
than twenty inches in length. 

3. Sale of. Such pickerel and pike may be bought 
and sold during the open season therefor. 

[See Lake George.] 

§ 238. Shortnosed sturgeon; lake and sea 
sturgeon; open season and size limit; sale of. 

1. Open season and size limit. Shortnosed stur- 
geon not less than twenty inches in length may be 
taken and possessed from July first to April thir- 
tieth, both inclusive, in any number or quantity. 
Lake sturgeon and sea sturgeon not less than forty- 
two inches in length may be taken and possessed in 
any number or quantity at any time. There shall 
be no open season for shortnosed sturgeon, lake 
sturgeon and sea sturgeon in Lake Erie before 
January first, nineteen hundred and twenty-five. This 
provision for a close season shall become effective 
only when the Province of Ontario of the Dominion 
of Canada shall have passed or adopted an order in 
council prescribing a similar close season for tak- 
ing sturgeon in the waters of Lake Erie. 

2. Sale of. Such sturgeon may be bought and 
sold during the open season therefor. 

[As amended by chapter 486, Laws of 1917, and chap- 
ter 146, Laws of 1919.] 



($8 Cofiaervation Law. 

§ 239. Maskalonge; open season and size limit; 
sale of. 

1. Open season and size limit Maskalonge not 
less than twenty-four inches in length may be taken 
and possessed from June sixteenth to December 
thirty-first, both inclusive, in any number or quan- 
tity. No person shall take maskalonge through the 
ice. 

2. Sale of. Such maskalonge may be bought and 
sold during the open season therefor. 

§ 240. Striped bass; size limit; sale of. Striped 
bass not less than twelve inches in length ma3 r be 
taken by angling and with nets and possessed and 
sold in any number or quantity at any time. 

§ 241. Smelt or icefish; open season and size 
limit; sale of. 

1. Open season and size limit. Smelt or icefish 
. not less than six inches in length may be taken from 

the inland waters of the state and in Lake Cbam- 
plain in any number or quantity at any time. 
Smelt or icefish of any size may be brought from 
without the state or taken within the marine 
district. 

2. Possession and sale of. Such smelt or icefish 
may be possessed, bought and sold at any time. 

[As amended by chapter 508, Laws of 1913.] 

§ 241-a.- Lake George, open seasons, special. The 

open seasons for taking fish in the waters of Lake 

George, in any part thereof, shall be as follows: 

Lake trout, from May first to October first, both 



Conservation Law. 69 

inclusive; pike perch, pickerel, great northern pike. 
from June sixteenth to December thirty-first, both 
inclusive; bullheads, from July first to December 
thirty-first, both inclusive; black bass, from August 
first to December fifteenth, both inclusive. 
[Inserted by chapter 583, Laws of 1913.1 

§ 242. Prohibited; stocking private waters. Trout 
or lake trout shall not be taken from any of the 
waters of the state for the purposes of stocking 
private ponds or streams. Provided, however, that 
any person desirous of aiding the state in the propa- 
gation and distribution of trout, may on approval 
of the commission, take trout eggs from trout lrt 
public waters for breeding purposes and such trout 
shall be returned to the waters from which they 
were taken. Before permission is given, or trout 
taken as herein provided, the applicant shall show 
conclusively that he has facilities for breeding 
trout, and must execute a satisfactory bond to the 
people of the state, to be approved by the com- 
mission, conditioned that he will not sell, giro 
away, convert to his own use, or otherwise dispose 
of any trout, or eggs taken under said permit, and 
will return the young trout to public waters at 
such times and places as the commission may 
designate. 

[As amended by chapter 508, Laws of 1913.] 

§ 243. Prohibited; disturbing bass, trout, and lake 
trout while spawning. Bass, trout and lake trout 



70 Conservation Law. 

on spawning beds in the close season shall not 
be disturbed, nor shall their spawn or milt be taken 
from the spawning beds except as provided by the 
preceding section, and section one hundred and fifty- 
five. 

§ 244. Prohibited; thumping. Sailing, rowing, 
pushing or floating in any boat or vessel in a water- 
way, river, run or channel, bay or sound, or patrol- 
ling the banks of such waterway, river, run or chan- 
nel, bay or sound, and stamping, jumping, shouting, 
pounding, beating or splashing the water, beating 
or pounding the banks, or boat while a seine or net 
is set, drawn, held, or used in such waterway, river, 
run or channel, bay or sound, with h.tcnt to drive 
fish into s: Ji seine, or net, "which acts are commonly 
known r..- thumping, are hereby forbidden. 

§ 245. Prohibited; exvTosives. Fish shall not be 
taken by means of e'i pio.-ives. Except for mining or 
mechanical purposes, dynamite or other explosives 

shall not be us~d in any of tlit v is of this state, 
or possessed upon the waters, siiorcs or islands 
thereof. Possession thereof by any person on the 
waters, shores or islands thereof, of this state shall 
be presumptive evidence that the same is possessed 
for use in violation of the provision of this section. 

§ 246. Prohibited; obstructing streams. Except 
as provided in section two hundred and fifty-six or 
as directed by the commission, no person shall by 



Conservation Law. 71 

means of any rack, screen, weir, or other obstruction 
in any creek, stream or river, prevent the passage 
of fish. The commission may order such an obstruc- 
tion to be removed by the person erecting the 
same or by the owner of the land on which the 
same is located. A copy of the order shall be 
served on such person or OAvner. Failure to comply 
with the terms of such order within ten day3 
after service of the same shall be deemed a viola- 
tion of this section. 

[As amended by chapter 508, Laws of 1913.] 

§ 247. Prohibited; polluting streams. No dye- 
stuffs, coal tar, refuse from a gas house, cheese 
factory, creamery, condensery or canning factory, 
sawdust, shavings, tanbark, lime or other dele- 
terious or poisonous substance shall be thrown or 
allowed to run into any waters, either private or 
public in quantities injurious to fish life inhabit- 
ing the same, or injurious to th& propagation of 
fish therein. 

[Re-enacted without change, chapter 508, Laws of 
1913.] 

§ 248. Prohibited; polluting of waters used by 
state fish hatcheries. No person shall erect or 
maintain any privy, watercloset, pigsty, hogpen, in- 
closure for poultry, barn or barnyard in which 
animals or poultry are kept, or drain from any 
building or the cellar thereof, where drainage Or 
refuse therefrom will flow into or find its way into 
water used bv any fish hatchery operated by the 



72 Conservation Law. 

gtate, or into any pond, creek or stream used in 
connection therewith. Every such privy, water- 
closet, pigsty, hogpen, enclosure, barn, barnyard and 
drain is hereby declared to be a public nuisance, 
and may be summarily abated by the commission. 
Xo person shall place sewage or other matter inju- 
rious to fish where the same can find its way into 
water used by any fish hatchery operated by the 
state, or suffer the same to be done from, over or 
through premises owned or occupied by him. 

§ 249. Prohibited; drawing off water; fishing. Xo 
person shall take fish by shutting or drawing off 
water for that purpose. No person shall hold back 
or divert the water in any stream which supplies a 
state hatchery so as to prevent the necessary flow 
of sufficient water for hatchery purposes. 

No person, except under authority of the com- 
mission, shall take fish from the waters of any 
fish hatchery. 

[As amended by chapter 508, Laws of 1913.1 

§ 250. Prohibited; placing fish in certain waters. 
Fish or eggs thereof other than trout, lake trout, 
frostfish, whitefish and smelt, shall not be placed in 
any waters of the state inhabited or stocked with 
trout. No person shall put or place in any public 
waters of the state fish commonly known as carp, 
nor shall any person put or place in such waters 
the spawn of such fish or use such fish as bait in the 
water thereof. Whenever the conservation commis- 
sion shall determine that any waters of the state 



Conser vat ion Law. 73 

heretofore inhabited or stocked with trout are no 
longer inhabited by trout or are unsuitable as trout 
waters, the commission may make an order permit- 
ting such waters to be stocked with any species of 
fish in addition to trout, lake trout, frostfish, white- 
fish or smelt, or the egg3 thereof. 

[As amended by chapter 92, Laws of 1914.] 

§ 251. Prohibited; fishing near fishways or dams. 
The commission may maintain fifty rods from any 
dam or fishway erected by the state in public waters, 
on both sides of the stream above and below the fisli- 
w T ay or dam (as the case may be) signboards con- 
taining substantially the following notice: "Fifty 
rods to the fishway or dam (as the case may be) ; all 
persons are prohibited by law from fishing in this 
stream between this point and the fishway or dam " 
(as the case may be). No person shall take fish 
within fifty rods of any fishway or dam posted with 
signboards as provided in this section. 

[As amended by chapter 92, Laws of 1914.1 

§ 252. Prohibited; taking fish through the ice in 
certain waters. No person shall take fish through 
the ice in waters inhabited by trout unless an 
order specifying the waters and fixing the seasor 
shall first be made by the commission. 

[As amended by chapter 508, Laws of 1913.] 

§ 253. Tip-ups. Tip-ups may be used, for fishing 
through ice except in waters inhabited by trout, to 
take bullheads, catfish, eels, perch, sunfish, and ex- 
cept during the months of March and April, pike 



74 Conservation Law. 

and pickerel, and except from March second to May 

tenth, both" inclusive, pikeperch. No person shaJ 

operate or control at the same time more than 

fifteen tip-ups. All tip-ups must be marked with 

the name and address of the operator thereof. 

[As amended by chapter 508, Laws of 1913, and chap- 
ter 486, Laws of 1917.] 

§ &54. Set and trap lines. Set lines may be used 
except in waters inhabited by trout to take white- 
fish, bullheads, catfish, eels, perch, sunfish, carp, 
mullet and dogfish, provided an order specifying 
the waters and fixing the season sball first be made 
by the commission. Set and trap lines may be 
used to take sturgeon in any waters during the 
open season therefor, provided a license for so 
doing shall first be obtained from the commission. 
[As amended by chapter 508, Laws of 1913.] 
§ 255. Spearing. Spears, grappling hooks, naked 
hooks or snatch hooks may be used, except in waters 
inhabited by trout, for taking whitefish, mullet, 
carp, catfish, dogfish, bullheads, suckers and eels 
at any time, provided an order specif ying the waters 
and fixing the season shall first be made by the 
commission. 

[As amended by chapter 508, Laws of 1913.] 
§ 255-a. Taking certain non-game fish. Suckers, 
mullet, carp, bullheads and eels may be taken by 
snatch hooks only in any stream in the state dl any 
point in such stream not less than five miles below 
the source thereof, between November first and 



Conservation Law. 75 

April thirtieth, both inclusive. In taking such fish 
under the provisions of this section, driving shall 
be permitted. The requirements, prohibitions, con- 
ditions and exceptions prescribed by sections two hun- 
dred and fifty-two and two hundred and fifty-five of 
this chapter shall not apply to the taking of fish 
described in this section with snatch hooks within 
the times herein prescribed. 

[Added by chapter 297, Laws of 1915.] 

§ 255-b. Spearing in Niagara river. 1. Fish except- 
ing trout, black bass, pickerel and maskalonge may 
be taken in the Niagara river between the lower 
steel arch bridge and the suspension bridge at Lewis- 
ton Heights with spears, at any time during the open 
season for such fish. No such fish, however, shall be 
taken of a size less than that prescribed by this 
chapter. 

[Added by chapter 299, Laws of 1915.] 

2. Every person, before taking fish with a spear as 
herein provided, shall obtain a license therefor from 
the town or city clerk of the town or city in which 
he resides. Such town clerk shall be entitled to re- 
ceive a fee of one dollar for issuing such license to 
be disposed of in the manner provided by subdivision 
four of section one hundred and eighty-five of this 
chapter. 

§ 256. Eel weirs and eel pots. Eel weirs and eel 
pots of such form as may be prescribed by the com- 
mission may be used at any time for taking eels, 



7t) Conservation Lav. 

provided a license for so doing shall first be ob- 
tained from the commission. Eel weirs s^all r.oi 
be used in waters inhabited by trout. This section 
shall not apply to waters of the marine district. 

§ 257. Frogs. Bullfrogs, green frogs, and spring 
frogs may be taken, possessed, bought and s Id 
from June first to March thirty-first, both inclusive. 
They shall not be taken, possessed, bought or sold 
at any other time. They may be taken by spearing, 
angling, or with rakes, catching with hands or kill- 
ing with club or gun only. The use of any device 
which shall prevent the frogs from having free 
access to and egress from the 'waters is prohibited. 

[As amended by chapter 486, Laws of 1917.] 

§ 258. [Repealed by chapter 521, Laws of 1916.] 

PART VIII. 

Nets and Netting. 
Section 270. Nets to be licensed. 

271. Fish which may be taken with net* 

Superintendent of inland fisheries. 

272. Size of mesh. 

273. Hauling of nets regulated. 

274. Nets to be tagged and buoyed. 

275. Prohibited; use of nets in certain 

waters. 

276. \ r ets in Lakes Erie and Ontario. 

277. Niagara river. 

278. Nets in Chaumont bay and adjacent 

waters. 



Conservation Law. 77 

Section 279. Nets in Hudson and Delaware rivers 
and adjacent waters. 

280. Application. 

281. Vessels to carry employees of commis- 

sion. 

282. Nets to be destroyed. 

283. Seizure of nets; regulations in certain 

counties. 
284. Penalties. Repealed. 

§ 270. Nets to be licensed. Unless otherwise pro- 
vided by this article, seines, gills, fykes, pounds, 
traps, scaps and other nets or devices may be set or 
used in any of the waters of the state provided a 
license so to do shall be first obtained from the com- 
mission. Rules regulating the use of seines, gills, 
fykes, pounds, traps, scaps and other nets or devices 
in any of the waters of the state, and providing for 
the licensing of such nets, together with a license 
fee therefor, may from time to time be prescribed by 
the commission when not inconsistent with law, and 
such rules shall be filed in the office of the commis- 
sion. 

fAs amended by chapter 508, Laws of 1913.1 
§ 271. Fish which may be taken with nets. Su- 
perintendent of inland fisheries. When permitted by 
the commission lake trout, whitefish, pickerel, pike, 
pike perch, shad, herring, striped bass, smelt or ice- 
fish and sturgeon of all kinds, of the size limit and 
during the open season therefor as prescribed in part 
seven of this article, and all fish not protected by 



78 Conservation Laic. 

law may be taken by nets in waters of the state, in 
any number or quantity. For the purpose of super- 
vising the taking of fish with nets the commission 
is empowered to designate from the protectors a 
superintendent of inland fisheries at a salary of not 
to exceed twenty-five hundred dollars per annum, 
and his actual and necessary expenses while in the 
performance of his official duties, not to exceed one 
thousand dollars. 

[As amended by chapter 508, Laws of 1913. and 
chapter 107, Laws of 1914.] 

§ 272. Size of mesh. When permitted the size of 
mesh of nets shall be as follows: 

1. Gill or other movable nets used for taking lake 
trout or whitefish, not less than two and three- 
eighths inch bar. For taking Otsego whitefish, com- 
monly called Otsego bass, not less than one and one- 
half inch bar. 

■2. Gill or other nets used for taking fish other 
than lake trout and whitefish, not less than one 
and one-eighth inch bar. 

§ 273. Hauling of nets regulated. No nets or 

other devices for taking fish shall be hauled after 

sunset and before sunrise; except as permitted by 

the commission. 

[As amended by chapter 508, Laws of 1913, and chap- 
ters 224 and 486, Laws of 1917.] 

§ 274. Nets to be tagged and buoyed. All nets 
or other devices for taking fish permitted under this 



Conservation Laio. 79 

part shall be buoyed and tagged in suck manner as 
may be prescribed by the commission. 

§ 275. Prohibited; use of nets in certain waters; 
exception. In waters inhabited by trout the use of 
nets of any kind is prohibited; except that the use 
of minnow traps in taking minnows for bait for the 
taker's individual use may be permitted by the 
commission. This prohibition shall not apply to 
landing nets used to land fish duly hooked by ang- 
ling or to the use of nets by the commission as pro- 
vided in section one hundred and fifty-five of this 
chapter. 

[As amended by chapter 486, Laws of 1917.] 

§ 276. Nets in Lakes Erie and Ontario. Fish, ex- 
cept black bass and maskalonge, may be taken with 
nets during the open season therefor in the waters 
of Lake Erie, except within one-half mile of the 
shores or islands thereof and within five miles of the 
mouth of Cattaraugus creek and, with the exception 
of sturgeon nets, within five miles of the head of 
Niagara river during the open season; and in Lake 
Ontario opposite and between the east and west 
boundaries produced of Niagara county, except within 
one-half mile of the shores or islands of such lake 
and within one mile of the mouth of the Niagara 
river during the open season: and in Lake Ontario 
outside of such waters opposite Niagara county 
from May sixteenth to September thirtieth, both in- 
clusive, except within one mile of the shores or 
islands thereof during the open season, and from 



80 Conservation Law. 

October first to May fifteenth, both inclusive, except 

within one-half mile of the shores or islands thereof 

during the open season. 

[As amended by chapter 664, Laws of 1913, and 
chapter 329, Laws of 1914, and chapter 627, Laws ol 
1915.] 

§ 277. Niagara river. Seines and squat nets may 
be used to take fish except black bass, lake trout, 
whitefish and maskalonge in the Niagara river in 
November, December, January and March. Fish ex- 
cept black bass, pike perch, lake trout, whitefish, 
pickerel and maskalonge may be taken by seine, 
machine or trap by citizens of the state in that part 
of the Niagara river in the town of Lewiston, 
Niagara county, during the time when Canadians 
may lawfully fish with such devices in said river 
on the Canada side opposite the town of Lewiston, 
provided a license therefor has been granted by the 
commission, and provided that lake trout and white- 
fish must not be taken during November and De- 
cember. 

§ 278. Nets in Chaumont bay and adjacent waters. 

Fish, except black bass and maskalonge, may be 
taken with nets during the open season therefor in 
the waters and bays of Lake Ontario, in the county 
of Jefferson between Horse island in the town of 
Hounsfield and the town line between the towns of 
Lyme and Cape Vincent, except the waters within 
one-half mile of Stoney island, Calf island or of the 
Calloup islands from October first to June first, both 



Conservation Law. 81 

inclusive, and except the waters around Fox island 

within three-quarters of a mile of said island 

between a line running due north from the foot of 

said island, and a line running due east from the 

south head of said island from October tenth to 

November twentieth, both inclusive. Such nets shall 

en order of the commission be removed from any 

place after the black bass begin to run there. 

Sturgeon may be taken with sturgeon nets of not 

less than five inch bar at any time. 

[As amended by chapter 664, Laws of 1913, and chap- 
ter 521, Laws of 1916.] 

§ 279. Nets in Hudson and Delaware rivers and 
adjacent waters. Shad and herring may be taken 
with drifting nets operated by hand only from March 
fifteenth to June fifteenth, both inclusive, in the 
Delaware river and that part of the Hudson river 
below the dam at Troy. No such net shall be set, 
placed or drawn, or fish taken therefrom between 
sunset on Friday and one hour before sunrise on 
Monday. Fish, except salmon, black bass, trout, 
pike-perch, and except also during March and April, 
pickerel and pike, may be taken with nets in the 
Hudson river below the dam at Troy, from Septem- 
ber first to May thirtieth, both inclusive. Sturgeon 
may be taken in the Hudson river with sturgeon nets 
of not less than five and one-half inch bar, from 
June first to September first, both inclusive. 

[As amended by chapter 143, Laws of 191S, and chap- 
ter 292, Laws of 1919.] 



82 Conservation Law. 

§ 280. Application. The provisions of part VIII 

of this article, except sections two hundred and 

eighty-two and two hundred and eighty-three, shall 

only apply to the taking of fish from Lakes Erie and 

Ontario, the Hudson river and the inland waters of 

the state. 

[As amended by chapter 508, Laws of 1913. and 
chapter 143, Laws of 1918.] 

§ 281. Vessels to carry employees of commission. 
Any person owning or operating a boat or vessel 
used for the taking of fish shall, at any time, per- 
mit game protectors or other employees of the com- 
mission to board such boats and inspect the cargo 
or contents, and shall at any time carry such per- 
sons for the purposes of inspecting nets or the haul- 
ing of the same, or the taking of fish eggs. 

§ 282. Nets to be destroyed. Seines, fykes, pounds, 
traps and other nets not authorized by law, had, set 
or used in or upon any of the inland or tidal waters 
of the state or on the shores thereof, or islands sur- 
rounded by said waters are hereby declared to be 
public nuisances, and shall be summarily seized, 
abated and destroyed by any game protector or may 
be sold by the commission at public auction to the 
highest bidder under rules and regulations estab- 
lished by it; provided, however, the commission may 
direct a game protector to retain certain nets or 
seines for the use of the state hatcheries. Posses- 
sion of nets other than as provided for by part VIII 
at any time by any person in or on or within five 



Conservation Law. S3 

hundred feet of any waters of the state shall be pre- 
sumptive evidence that the same were unlawfully 
used. 

[As amended by chapter 508, Laws of 1913.] 

§ 283. Seizure of nets; regulations in certain 
counties. The reasonable expense of the seizure, re- 
moval or destruction of any net, pound or other 
illegal device shall be a county charge against the 
county in which the same shall be seized, and shall 
be audited and paid as a county charge on verified 
statement of the inspector or the game protector 
making the seizure, stating the time and place of 
such destruction, the name of the person or persons 
employed, the time spent and money paid, if any, 
therein. The board of supervisors of any county 
may, by resolution, make such further regulation in 
the presentation of said statement and the destruc- 
tion of said devices as it may deem proper. 

[As amended by chapter 444, Laws of 1918.] 

§ 284. [Repealed by chapter 521, Laws of 1916.] 

PART IX. 

Fishways. 
Section 290. Notice of construction of dam. 
291. Fishways; penalties. 
§ 290. Notice of construction of dam. Before the 
construction of a dam is commenced on any of the 
inland waters of the state, the plan thereof, and a 
statement of the name, length and location of the 
waters on which the dam is to be built shall be 



84 Conservation Law. 

given to the commission by the person, or if by 
public authority, by the official directing or permit- 
ting the work. 

§ 291. Fishways; penalties. The commission may 
on notice to the owner of the land or the official 
directing or permitting the work, make an order to 
be entered in its minutes and to be served by cony 
on such person or official directing the construction 
of fishways in any dam heretofore or hereafter built, 
or if there be fishways, the making of changes 
therein in accordance with specifications to be em- 
bodied in said order and it shall be the duty of the 
person or official so served to comply with such 
order within the time to be specified in said order, 
and every person or officer who fails or refuses to 
comply with or violates such order shall be guilty 
of a misdemeanor and be liable to a penalty of five 
dollars for every day such violation, failure or re- 
fusal continues. 

[As amended by chapter 508, Laws of 1913. Sections 
292 and 293 repealed by chapter 508, Laws of 1913.] 

PART X. 

Marine Fisheries. 
Section 300. Marine district described. 

301. Bureau of marine fisheries. 

302. Office and clerical force. 

303. Eeports relating to shellfish. 

304. Leases for cultivation of shellfish, et 

cetera, limitations. 



Conservation Law. 85 

Section 305. Collection of rents. 

306. Settlement of disputes as to shellfish 

leases. 

307. Provisions for taxation; statement of 

property; penalty; assessment of tax. 

308. Levy of tax, et cetera. 

309. Collection of tax. 

310. Sanitary inspection of shellfish grounds, 

et cetera. 

311. Duties of state commissioner of health. 

312. Record and certificate of inspection, et 

cetera, notice of condition of public- 
shellfish grounds. 

313. Prohibited sale of shellfish unless sani- 

tary condition be certified, et cetera, 

314. Taking oysters in South bay. 

315. Blue Point oysters. 

316. Shellfish beds protected. 

317. Dredging and raking for shellfish. 

318. Scallops, size limit. 

319. Residents only to take shellfish. 

320. Star-fish to be destroyed. 

321. Prohibited; taking of lobsters under cer- 

tain size. 

322. Size of openings in lobster traps. 

323. Residents only to take lobsters, except 

in certain waters. 

324. Licenses for vessels, et cetera. 

325. Polluting waters. 



86 Conservation Law. 

Section 326. Garbage not to be thrown in certain 
waters. 

327. Prohibited; use of nets in inlets. 

328. Prohibited; nets in the Harlem river 

and adjacent waters. 

329. Richmond county and Raritan bay. 

330. Jamaica bay and adjacent waters. 

331. Size of mesh in Coney Island creek. 

332. Rockaway bay, Jones' inlet and adjacent 

waters. 

333. Recording and fees. 

334. Supervisors of Nassau and Suffolk 

counties. 
335. Penalties. Repealed. 

§ 30O. Marine district described. The marine dis- 
trict shall include all waters in and adjacent to Long 
Island and all tidal waters of the state, except the 
Hudson river. 

[As amended by chapter 143, Laws of 1918.] 

§ 301. Bureau of marine fisheries. There sit til 
continue to be a bureau of marine fisheries under 
the supervision and control of the commission. The 
commission may appoint for the bureau of marine 
fisheries a supervisor of marine fisheries, who shall 
administer the affairs of such bureau relating to 
shellfish and shell fisheries. 

[As amended by chapter 508, Laws of 1913.] 
§ 302. Office and clerical force. The commission 
may appoint. for the bureau of marine fisheries a 



Conservation Law. 87 

deputy supervisor of marine fisheries, a cashier who 
shall also perforin the duties of bookkeeper who 
shall have a salary of two thousand dollars a year, 
a surveyor who shall have a salary of two thousand 
dollars a year and the expenses necessarily incurred 
by him in the discharge of his official duties not to 
exceed seven hundred dollars a year, one confidential 
secretary who shall have a salary of eighteen hun- 
dred dollars a year, one or more bacteriologists and 
such clerical assistants as are actually needed for 
which appropriation shall have been made by the 
legislature. The supervisor, the deputy supervisor 
and the cashier shall take and subscribe the con- 
stitutional oath of office, and shall each execute and 
file a bond to the people of the state in the sum of 
five thousand dollars with sureties approved by the 
commission, conditioned for the faithful performance 
of their duties and to account for and pay over pur- 
suant to law, all moneys received by them or either 
of them in their office. During the absence or ina- 
bility to act of the supervisor, the deputy supervisor 
shall have and exercise all the power of the super- 
visor. All the officers and employees of the bureau 
of marine fisheries shall hold office during the 
pleasure of the commission. 

[As amended by chapter 508, Laws of 1913.] 

§ 303. Reports relating to shellfish. The super- 
visor shall, on or before the fifth day of each month, 
make a report to the deputy in charge of the di- 
vision of fish and game of his proceedings for the 



8S Conservation Law. 

preceding calendar month. He shall include in such 
report a detailed statement of his receipts from all 
sources, together with a statement of all land under 
water disposed of for shellfish cultivation and all 
such lands surrendered to the state, together with 
such other facts relating to the matters within his 
jurisdiction as he may deem necessary. He shall 
also in like manner make an annual report to the 
deputy commis- uner of the same matters for the 
year ending with the first day of January preceding. 
In making the annual reports provided for in sec- 
tion twelve of the conservation law, the commission 
and deputy commissioner in charge of the division 
of fish and game shall include in such reports in 
addition to the matters required in said section a 
statement of all land under water disposed of for 
shellfish cultivation and all such lands surrendered 
to the state. 

§ 304. Leases for cultivation of shellfish; letting 
to be at public auction; re-I rising; reports; mark- 
ing ground; leases not transferable; summary pro- 
ceedings; limitations; injury to monuments. 

1. Leases for cultivation of shellfish. The super- 
visor, under the direction and supervision of the 
commission, may lease lands under water for the 
cultivation of shellfish to persons who have resided 
in the state one year or more, but oyster beds of 
natural growth shall not be leased unless the same 
have for five years failed to produce natural oysters 



Conservation Law. 89 

in sufficient quantities to enable persons engaged in 
the taking thereof, to earn a livelihood by working 
on such lands. 

2. Letting to be at public auction. Before a lease 
is made notice thereof must be posted for at least 
three weeks in a conspicuous place in the office of 
the supervisor, in the office of the town clerk and 
in the post-office near, -t to the land applied for. 
The letting shall be at public auction, to the highest 
bidder, and the commission shall classify the lands 
applied for in accordance with their value and fix 
a minimum price at which the lease may be awarded, 
but such price shall in no case be less than twenty- 
five cents an acre annually and in no case shall 
term of the lease exceed fifteen years. 

3. Re-leasing. On the expiration of any lease or 
within ninety days prior thereto and upon it being 
shown to the satisfaction of the commission that 
the lands described therein have in good faith been 
used for shellfish cultivation continuously during the 
preceding term for which such lease was granted, 
the lessee, owner or holder of said lease shall have 
the privilege of re-leasing such lands for a period 
not exceeding fifteen years, upon such terms as may 
be agreed upon between said lessee and the super- 
visor, subject to the approval of the commission, 
but the rental shall in no case be less than twenty- 
five cents per acre annually. Upon the failure to 
agree on terms for the re-leasing of such lands, the 



90 Conservation Law. 

holder of such original lease shall be allowed an 
extension of one year for the purpose of removing 
from the grounds so leased all shellfish belonging to 
him upon such ground, and such extension shall be 
made at the terms named in such original lease. 

4. Reports. Every person holding a lease or fran- 
chise shall report annually to the supervisor, on 
blariks provided for that purpose, such information 
as the commission may deem necessary. 

5. Marking grounds. A lessee shall immediately 
mark the grounds leased by stakes, buoys or monu- 
ments, which shall be maintained by him, his suc- 
cessors or assigns during the continuance of the 
lease. No person other than the owner or lessee 
thereof or an employee of the commission shall mark 
out, stake out or inclose any shellfish grounds for 
the purpose of cultivating or planting shellfish 
thereon or for the exclusion of the general public 
therefrom. 

6. Leases not transferable. Leases shall not be 
transferable in whole or in part, except to persons 
who might have been original lessees. 

7. Summary proceedings. The commission may 
immediately oust from such lands, tenants whose 
rent is in arrears or who fail or refuse to report 
as herein provided, and thereupon the lease held by 
such delinquent shall become null and void. The 
provisions of chapter seventeen, title two of the code 
of civil procedure shall apply and govern the pro- 
cedure in such cases. 






Conservation Law. 91 

8. Limitations. This section shall not be con- 
strued as limiting the power of the commissioners 
of the land office to grant land under water, but 
any grant of land actually occupied and in use for 
cultivation of shellfish shall be subject to the right 
of the occupant to occupy and use such land for at 
least two years, and no grant of land by such com- 
missioners of the land office shall thereafter be used 
for the cultivation of shellfish, except land which 
may have reverted to the state, nor shall the public 
be excluded therefrom for the purpose of taking 
shellfish unless said lands shall be leased for shell- 
fish culture pursuant to the provisions of this sec- 
tion, nor shall it apply to any of the excepted lands 
named in section three hundred and seven of this 
chapter, as amended by chapter 231, Laws of 1919. 

9. Injury to monuments. No person shall wilfully 
injure, remove or displace any range monument, sig- 
nal, beacon, boundary stone, post, stake or buoy, or 
any part or appurtenance thereof, erected, constructed 
or set for the purpose of designating, locating, sur- 
veying or mapping any shellfish grounds, unless by 
authi rity of the commission. Subdivision 9, added 
by chapter 231, Laws of 1919. 

§ 305. Collection of rents. The supervisors may, 
under the direction of the commission, in the name 
of the people of the state, sue for, collect, compro- 
mise, compound or satisfy rents which now are or 
may hereafter be in arrears on leases by the state, 



92 Conservation Lcuc. 

of land under water, for the cultivation of shellfish 
and make such rebates thereon as in his judgment 
are just and equitable, provided the sum accepted on 
such compromise or settlement shall in no case be 
less than twenty-five cents an acre annually. In 
cases where a grantee or assignee of a grantee of 
lands for shellfish cultivation is desirous of sur- 
rendering such lands, the supervisor in his discre- 
tion shall, in case such person is not indebted to the 
commission for rentals or otherwise, receive an as- 
signment of such lands to the state of New York 
and cause such assignment to be recorded in hia 
office. 

§ 306. Settlement of disputes as to shellfish leases. 
The supervisor shall have jurisdiction to hear all 
controversies which have arisen or may arise with 
regard to the leasing of lands under water for the 
cultivation of shellfish, and to determine the same 
upon just and equitable terms to be approved by the 
commission. 

§ 307. Provisions for taxation; statement of prop- 
erty; penalty; assessment of tax. 

1. Statement of property. All owners, lessees or 
persons in possession of shellfish grounds within the 
state of New York, shall, on or before the thirtieth 
day of September, annually, deliver to the supervisor 
at his office a statement under oath, specifying the 
number of acres of shellfish grounds owned, leased 
or used by them on the first day of August preced- 
ing, and the location, description and value thereof 



1 



Conservation Law. 93 

and whether held under grant, lease or otherwise; 
and printed blanks shall be prepared by the com- 
mission and furnished upon application at the office 
of the bureau of marine fisheries. But in case an 
owner, lessee or persons in possession as aforesaid 
shall have made a previous statement and shall make 
and file an affidavit of such fact on or before Sep- 
tember thirtieth in each year, showing that no 
change has been made in his or their holding as 
rendered in the previous statement, then such pre- 
vious statement shall be taken as the statement for 
the year in which the affidavit is filed. 

2. Penalty. In case of the failure of any such 
person to deliver such statement to said supervisor 
at his office within the time above specified, or, if 
any statement so delivered to him shall erroneously 
state the number of acres subject to the tax herein- 
after imposed, said supervisor sball make up a 
statement from the best information he may obtain, 
and shall add for such default to the tax herein- 
after provided a penalty of twenty per centum of 
the amount of such tax. 

3. Assessment of tax. The said supervisor shall 
annually make up and keep a book in his office to 
be known as the assessment book, in which he shall 
set down alphabetically the names and addresses of 
the owners, lessees or persons in possession of all 
shellfish ground within the state, the number of 
acres held or possessed by them and the location 
thereof as shown by the statements aforesaid, the 



94 Conservation Law. 

amount of the tax payable thereon as hereinafter 
provided, and any penalty thereon; such assessment 
book shall also contain columns for the date of pay- 
ment of such tax arid the amount of tax and penalty 
paid. 

§ 308. Levy of tax; notice and grievance; pay- 
ment of tax; tax in lieu of other taxes; limitations. 

1. Levy of tax. For the benefit of the state and 
for the protection and fostering of the shell fisheries 
thereof, and the maintenance of an efficient office 
or bureau, an annual tax at the rate of twenty- 
five cents per acre shall be levied and assessed 
upon each and every acre of shellfish ground located 
within this state owned, leased or possessed by any 
person whatsoever. The commission shall annually, 
and before the first day of February, levy and 
assess the said tax upon the property described 
in the statement made as aforesaid, setting forth 
the amount thereof, and any penalty added thereto, 
in the assessment book, as provided in the last 
section. 

2. Notice and grievance. The commission shall 
thereupon serve notice on all persons whose lands 
are so assessed, and on which a tax is levied here- 
under, which notice shall be in writing and may 
be served personally or by mailing the same to 
the last known post-office address of such person, 
stating that such tax roll has been completed and 
is on file in the office of the supervisor, the number 
of acres so assessed and the amount of the tax 



Conservation Law. 95 

thereon, the penalties incurred, if any, and that on 
a day therein stated, which shall be not less than 
five days from the date of such notice, the super- 
visor or the deputy in charge of the division of 
fish and game will hear the complaint of all persons 
declaring themselves aggrieved thereby, and on such 
hearing sections thirty-six and thirty-seven of the 
tax law shall apply so far as the same are ap- 
plicable and such assessment may be reviewed by 
certiorari in the manner provided in the tax law 
for the review of erroneous or illegal assessments. 

3. Payment of tax. Such tax shall be paid to the 
said commission at the office of the supervisor 
within sixty days after the first day of February 
in each year, and he shall give a proper receipt 
therefor, and immediately enter such payment upon 
the assessment book with the date of payment. 
Such tax and any penalty thereon shall be a first lien 
upon all the property subject thereto, including the 
shellfish thereon from the first day of February in 
the year in which such tax is laid. 

4. Tax in lieu of other taxes. The tax hereby 
imposed shall be in lieu of all other taxes on such 
property, and no other tax except as provided in 
this article shall be levied or imposed on said 
shellfish grounds, or the shellfish thereon, by any 
authority whatever. 

5. Limitations. Sections three hundred and six, 
three hundred and seven, three hundred and eight, 
and three hundred and nine of this chapter do not 



9$ Conservation Laic. 

apply to or affect lands under water, held and in 
possession under colonial patents, or legislative 
grants, by any town or person in the counties of 
Kings, Queens, Suffolk, Nassau or Richmond, or to 
lands under the waters of Gardiners and Peconic 
bays, ceded by the state to the county of Suffolk, 
pursuant to chapter three hundred and eighty-five 
of the laws of eighteen hundred and eighty -four, 
as amended by chapter six hundred and forty of the 
laws of nineteen hundred and six. 

[As amended by chapter n08, Laws of 1913.] 

§ 309. Collection of tax. If any tax so laid shall 
not be paid on or before the first day of April, the 
said supervisor shall make and issue his warrant, 
in the name of the commission, for the collection 
thereof, with interest thereon, at one per centum 
per month from the day such tax became due and 
payable, and until paid, which warrant shall be 
delivered to the sheriff of the county within whose 
jurisdiction the lands are situated, directing such 
sheriff to collect such tax, together with the penalty 
and interest, if any, due thereon, together with his 
fees for making such collection, and such sheriff is 
hereby authorized, empowered and required in de- 
fault of such payment to sell the property described 
in such warrant in the manner provided by law for 
& sale under execution, and to deliver to the pur- 
chaser thereof a proper deed or assignment, as the 
•case may be, and such warrant shall immediately 
be returned to said supervisor by said sheriff with 



Conservation Law. 97 

all his proceedings indorsed thereon, and he shall 
pay over to said supervisor the money received upon 
such sale, and said supervisor shall apply the same 
to the payment of such tax and all interest and ex- 
penses thereon, including the expenses of such sale, 
returning any balance that may remain to such 
owner or owners. All moneys received by said 
supervisor in payment of taxes and interest thereon 
shall be accounted for and paid by said supervisor 
to the state treasurer, for the benefit of the state, 
within thirty days after its receipt. 

§ 310. Sanitary inspection of shellfish grounds; 
cancellation of certificate; service of notice; report. 

1. Sanitary inspection of shellfish grounds. It 
Bhall be the duty of the supervisor within one year 
from the passage of this act, or within such further 
time as it may require to complete the same and 
annually thereafter, to cause to he inspected and 
examined by a competent bacteriologist, appointed 
by the commission, all shellfish grounds and other 
places within the state from which shellfish are 
taken, planted, cultivated or handled, with a view 
to ascertaining the sanitary condition of such shell- 
fish grounds and other places, and the fitness of the 
shellfish in such places, or which may be taken there- 
from, for use as articles of food, except that shell- 
fish grounds used exclusively for the growing or 
cultivating of seed oysters shall not be subject to 



98 Conservation Laic. 

the sanitary examination and inspection provided 
for in part X. 

[As amended by chapter 796, Laws of 1913.] 

2. Cancellation of certificate. The commission 
may, if it deems it necessary at any time, have the 
whole or any part of such lands and waters inspected 
or such places, and if the shellfish thereon or therein 
are found unfit for consumption, cause a certificate 
of inspection thereof, theretofore issued, to be can- 
celed on ten days' written notice to the holder. 

3. Service of notice. Such notice shall be in 
writing and shall be served on the person to whom 
the certificate is issued, and may be served by de- 
livering the same to him personally or by post by 
letter addressed to the person on whom it is to be 
served at his last known place of residence, and if 
served by post shall be deemed to have been served at 
the time when the. letter containing the same would 
be delivered in the ordinary course of the post. 
When the person is a corporation, notice shall be 
served by delivering the same or by sending it by 
post addressed to the office or principal place of 
business of such corporation. 

4. Report. Such bacteriologist shall immediately 
after each examination and inspection make a report 
thereof to the supervisor of the sanitary condition 
of the various shellfish grounds and other places 
and their products inspected and examined by him. 

[As amended by chapter 508, Laws of 1913.] 



I 



Conservation Law. 93 

§ 311. Duties of state commissioner of health. 
For the purpose of making such inspection, the com- 
mission may request the state commissioner of 
health to designate and assign, and it shall be the 
duty of the state commissioner of health, upon such 
application, to designate and assign one or more 
sanitary inspectors who shall, under the direction 
of the supervisor of marine fisheries, visit such 
shellfish grounds and places, and examine them, 
and the shellfish found thereon or therein, and im- 
mediately report to said supervisor the result of 
such examination. 

§ 312. Record and certificate of inspection; fee; 
termination; revocation; transfer; notice of con- 
dition of public shellfish grounds. 

1. Record and certificate of inspection. The super- 
visor shall determine from either or both of the 
reports mentioned, or such other inspection as he 
may order in the two preceding sections, whether 
such shellfish grounds, waters or places, and the 
product thereof are in a sanitary condition. He shall 
keep or cause to be kept an official record of such 
examination and inspection, and shall immediately 
thereafter issue a certificate setting forth the date 
and the result of such examination and inspection to 
the owners, lessees or persons in possession of such 
oyster beds and other shellfish grounds, waters or 
places as shall be found to be in good sanitary con- 
dition and the product of which shall 'be found fit 



100 Conservation Law. 

for use as food. The said certificate shall also state 
the name, place of residence and post-office address 
of the owner, lessee or person in possession of the 
grounds from which oysters or other shellfish are 
taken, or upon which the same have been planted or 
cultivated, and shall contain a brief description of 
the said shellfish grounds, waters or places, their 
location by lot number, if possible, and the number 
of acres in each lot or parcel. 

2. Pees. The supervisor at the time of issuing 
such certificate and annually thereafter shall charge 
and receive therefor from each person to whom a 
certificate is issued a fee at the rate of twenty-five 
cent3 for each acre of shellfish grounds so certified 
to be in a sanitary condition except that the " free 
bay " oyster lands in the town of Brookhaven, Suffolk 
county, shall be exempt from the tax of twenty-five 
cents per acre so long as it remains " free bay," and 
a fee of five dollars for the examination and certifi- 
cation of each place used for the water storage and 
floating of shellfish. 

3. Termination. Each certificate unless sooner re- 
voked shall be void after the first day of January 
next succeeding its issuance. Provided that all cer- 
tificates heretofore issued shall be valid until the 
first day of January next unless sooner revoked. 

4. Revocation. The supervisor may revoke any 
certificate as to any lot or parcel which may there- 
after become unsanitary, and a new certificate shall 



Conservation Law. L01 

in such case be issued for the remaining lots or par- 
cels without fee. 

5. Transfer. In case any shellfish grounds or 
parcels thereof are sold or leases thereof transferred, 
a new certificate shall be issued to the purchaser or 
purchasers thereof upon application to the super- 
visor. 

6. Notice of conditions of public shellfish grounds. 
The supervisor shall, after examination and inspec- 
tion of public shellfish grounds, give to the publie, 
notice of the result of such examination and in- 
spection. Such notice shall be published in a news- 
paper published in the county and posted in three 
public and conspicuous places in the town in which 
said shellfish grounds are located. The actual ex- 
pense of making such examination and inspection 
shall be a charge upon and paid by the towns within 
which such public shellfish grounds are located and 
the fee provided for in subdivision two of this sec- 
tion shall not apply in such case. 

For the purposes of this section the term public 

shellfish grounds shall be taken to mean shellfish 

grounds owned by the state or any municipality but 

which have not been leased or otherwise granted to 

any person or private corporation. 

[As amended by chapter 508, Laws of 1913, and chap- 
ter 426, Laws of 1915.] 



102 Conservation Law. 

§ 313. Prohibited sale of shellfish unless sanitary 
condition be certified; certificate to be furnished. 

1. Sale of shellfish prohibited unless sanitary con- 
dition be certified. After such notice or report of 
sanitary condition as prescribed in sections three 
hundred and ten, three hundred and eleven and 
three hundred and twelve of this chapter, has been 
given, any person who shall ship, sell, cause to be 
sold, or offer or expose for sale, within this state, 
for consumption as food, any oyster or other shell- 
fish taken from shellfish grounds or places within 
the jurisdiction of or forming part of the state of 
New. York, which have not been so certified to be in 
good sanitary condition and the product of which 
has not been so certified to be fit for use as food, 
shall be guilty of a misdemeanor. 

2. Certificate to be furnished. The supervisor, at 
the request of any person interested, shall furnish 
a certificate of the result of any such examination 
where the shellfish are reported as not fit for con- 
sumption. Every certificate, duly signed and 
acknowledged, of a bacteriologist or other exper 
employed by the commission or any analysis, ex 
amination or inspection made by such bacteriologist 
or expert with respect to any matter or product 
which the commission has authority to examine, or 
cause to be examined, shall be presumptive evidence 
of the facts therein stated. 

§ 314. Taking oysters in South bay. Oysters, 
spawn or shells, shall not b^ taken from South bay 



' 



Conservation Law. 103 

in Suffolk county from the public waters of this 
state from May thirty-first to September first, both 
inclusive; or taken between sunset and sunrise at 
any season. Oyster shells taken from the public 
waters of said bay in said county shall be returned 
to the water where taken within ten minutes after 
being taken. Blade or scraper tongs, commonly 
known as dredges, used to take shellfish shall not 
be used, except to take mussels and scallops in the 
town of Islip, on public lands in the waters of said 
bay in said county. This section is subject to the 
provisions of section three hundred and thirty-four 
of this article. 

[As amended by chapter 32, Laws of 1917.] 

§ 315. Blue point oysters. No person, firm or cor- 
poration shall sell or offer for sale any oysters, or 
label or brand any package containing oysters for 
shipment or sale, under the name of blue point 
oysters, other than oysters that have been planted 
and cultivated at least three months in the waters 
of Great South bay in Suffolk county. 

§ 316. Shellfish beds protected. Shellfish shall not 
be taken from sunset until sunrise. No person shall 
take, carry away, interfere with or disturb oysters 
or clams of another lawfully planted or cultivated, 
or remove any stakes, buoys or boundary marks of 
a planted or cultivated bed. The possession of 
dredges, rakes or tongs overboard on any such beds 
shall be deemed prima facie evidence of a violation 
of this section. 



104 Conservation Law. 

§ 317. Dredging and raking for shellfish. Dredges 
for taking of shellfish from public or unleased lands 
shall not be operated from any boat propelled other- 
wise than by sail or oars. 

§ 318. Scallops: open season; size limit. Scallops 
measuring not less than two inches from the middle 
point of the hinge to the middle point of the bill or 
lip may be taken from September first to March 
thirty-first, both inclusive, and when so taken may 
be possessed from September first to April fifteenth, 
both inclusive. 

Scallops taken from the waters of the state shall 
be culled when taken and all scallops of a size less 
than herein provided for shall be immediately 
returned alive to the water, but the provisions of 
this section shall not apply to scallops other than 
of a legal size unavoidably taken; provided, that 
the number so taken at any one time does not exceed 
three per centum of the total catch of scallops after 
"being culled as herein provided. Scallops taken in 
accordance with the provisions of this section shall 
be taken ashore in the shell, except that not to exceed 
one gallon of scallops out of their shells may be 
taken ashore by any one boat. 

The possession of scallops below the lawful size 
limit in - excess of three per centum as herein pro- 
vided may be determined by the measurement of any 
bushel of scallops taken from the catch; and if a 
bushel so measured shall contain more than three 



Conservation Law. 105 

per centum of scallops below the lawful size the 
taking and possession of such scallops shall consti? 
tute a violation of this section. 

The provisions of this section shall not prohibit 
the taking of scallops from legally planted or culti- 
vated oyster beds or prohibit any person at any 
time from taking scallops by hand for food for hia 
own personal or family use. 

[As amended by chapter 508, Laws of 1913 ; chapter 
426, Law? of 1915, and chapter 39, Laws of 1919.] 

§ 319. Resident only to take shellfish. No person* 
who has not been an actual resident of this state 
for six months immediately prior to the time of? 
engaging in the taking of shellfish, shall take shell-. 
ftsh from the public lands in or under the waters 
of this state. Nothing in this section shall apply 
to a person who may be employed as a deck hand, 
engineer or fireman on a boat whose captain q\ 
owner may be a lawful resident. 

§ 320. Starfish to be destroyed. Starfish and 
other natural enemies of shellfish shall be destroyed 
when taken, and shall not be returned alive to thc- 
waters of the state. 

§ 321. Prohibited; taking of lobsters under certain 
size. Lobsters less than four and one-eighth inches 
measured on the carapace shall not be taken, pos- 
sessed or sold. No person shall at any time take 
any female lobsters in spawn or with eggs attached, 
unless upon the written order of the state fish cuL 
turist or the supervisor. 



106 Conservation Law. 

§ 321-a. Taking of crabs restricted. No person 
shall catch, offer for sale or have in his possession 
at any time any female crabs bearing eggs (sponge 
crabs) visible thereon. 

['Added by chapter 170, Laws of 1918.] 

§ 322. Size of openings in lobster traps. All lobster 
traps constructed or used after the thirty-first day 
of December, nineteen hundred and fourteen, shall 
have at the bottom of the trap on each side thereof 
an opening not less than one and one-half inches 
wide. Such openings must remain clear and un- 
diminished. 

[As amended by chapter 37, Laws of 1915.] 

§ 323. Residents only to take lobsters, except in 
certain waters. No person who lias not been an 
actual resident of this state for six months im- 
mediately prior to the time of engaging in the tak- 
ing of lobsters, shall take lobsters from the public 
waters of the state, except that in the public 
waters of the state lying to the west of a line 
drawn from Rocky Point to Race Rock and thence 
extended in the same direction until it intersects 
with the state boundary line between New York 
and Connecticut, licenses to take lobsters may 
be issued to non-residents upon payment of the 
following fees: For boats of ten or more tons 
measurement, thirty-five dollars; for boats of five to 
ten tons measurement, twenty-five dollars; for all 
other boats, twenty dollars, except that for boats 






Conservation Law. 107 

carrying one man only the license fee shall be fifteen 
dollars. Such boats, when so licensed, shall carry 
displayed upon them the license number, of such size 
and placed in such position upon the boat or rigging 
as may be prescribed by the commission. Such 
licenses shall not be transferable and shall be con- 
ditioned that the holder shall observe the fishery 
laws of this state, and shall at any time and with- 
out delay permit protectors and peace officers of 
this state to board such boats and inspect the cargo 
or contents. All ouch licenses shall expire upon the 
thirty-first day of December following the date of 
issue, and any license may be revoked at any time 
at the pleasure of the commission. 

[As amended by chapter 170, Laws of 1916.] 

§ 324. Licenses for vessels; non-recidents; unlaw- 
ful use of food fish. 

1. There shall be a license fee of fifty dollars 
per annum for each steam vessel of fifty tons or 
over and twenty-five dollars for every other ves- 
sel engaged in fishing with nets in the tidal 
waters of the state, for the purpose of making oil 
or fertilizer from the fish product taken. The owner 
or OAvners, lessee or lessees, or persons operating, 
running, managing or fishing with any such vessel, 
using the same in fishing with nets in the tidal 
waters of the state for the purpose of making oil 
or fertilizer from fish products taken, shall before 
engaging in such fishing, procure from the commis- 
sion a license, pay the license fee as herein provided, 



10S Conservation Law. 

2. Non-residents. Non-residents of the state en- 
gaged in fishing with nets in the tidal waters of 
the state for food fish shall be required to pay A 
license fee of five dollars to the state for each vessel 
used in fishing with nets in such waters. A non- 
resident using any vessel for the purpose of taking 
fish with nets from the tidal waters of the state, of 
within three nautical miles of the coast line, without 
first having obtained from the commission the neces- 
sary license or licenses as herein provided, is guilty 
of a misdemeanor and shall be liable to a penalty 
of one hundred dollars, and to an additional penalty 
of twenty-five dollars for each vessel so used. 

3. Unlawful use of food fish. It shall be unlawful 

for any person to render food fish into oil or 

fertilizer. 

[As amended by chapter 521, Laws of 1916, and chap- 
ter 289, Laws of 1919.] 

§ 325. Polluting waters. Sludge, acid or refuse 
from oil works, sugar houses or other manufactories, 
except refuse from the manufacture of oil from 
menhaden or other fish, sewage or any substance 
injurious to oyster culture or fish, shall not be 
placed or allowed to run into waters of the state in 
the marine district, and upon it appearing to the 
satisfaction of the supervisor that oyster beds or 
such waters have become polluted from one or more 
of these causes, it shall be his duty to cause com- 
plaint to be made in a criminal action against the 



Conservation Law. 109 

person or persons so offending, and such person cr 
persons so offending shall also he liable in damages 
to persons injured, in addition bj the penalties here- 
inafter provided. 

§ 326. Garbage not to be thrown in certain waters. 
Garbage, cinders, ashes, oils, acids, sludge or refuse 
of any kind shall not be thrown, dumped, or per- 
mitted to run, from any vessel into any bay or 
harbor, or into Long Island sound within two miles 
of the shore west of a line drawn from Old Field 
point due north to the boundary line between New 
York and Connecticut. 

§ 327. Prohibited use of nets in inlets. Nets shall 
not be set, placed or maintained in Rockaway inlet, 
Jones' inlet, Zack's inlet or Fire Island inlet within 
an inshore radius of one-half mile of the mouth of 
any such inlets. The point from which such 
measurement is to be taken shall be the centre of 
the channel where such channel crosses the bar at 
the mouth of said inlet. 

§ 328. Prohibited; nets in the Harlem river and 
adjacent waters. Nets other than nets used for 
catching lobsters or crabs shall not be used in the 
Harlem river, East river or Long Island sound from 
Hell Gate to the northern boundary line of the city 
of New York or in any of the bays, creeks or con- 
fluent brooks within said limit. 



110 Conservation Law. 

§ 329. Richmond county and Raritan bay. Fish, 
except shad, in Raritan bay or waters adjacent 
thereto in Richmond county shall not be taken 
except by angling. Shad shall not be taken except 
by pounds or drifting shad nets from March fifteenth 
to June fifteenth, both inclusive. 

TAs amended by chapter 54, Laws of 1913.] 

§ 330. Jamaica bay and adjacent waters. Nets 
shall not be set, placed or maintained in the arm 
of the sea between Rockaway point and Coney Island 
or any waters northerly of a line drawn from the 
extreme westerly point of Rockaway point on the 
south side to the municipal bath houses on Coney Is- 
land, including Jamaica, Flatlands, Grassey, Sheeps- 
head and Gravesend bays and all other bays and in- 
lets in or making out from said arm of the sea. The 
inlets from the ocean to said bays shall not be ob- 
structed by any device so as to prevent the passage 
of fish at any time, provided that nets may be used 
from October tenth to December thirty-first in that 
part of said waters lying southerly of Barren island 
and toward the sea from a line drawn from the most 
southerly point of Barren island to the northeasterly 
point of Rockaway point and a line drawn from the 
most westerly point on Barren island to the most 
easterly point of Coney Island. Refuse and debris 
may be taken with nets having meshes with not 
less than a six-inch bar. Minnows or shrimp for 
bait may be taken by hand nets not more than 






Conservation Law. Ill 

forty feet long and four feet deep. Eels may be 
taken with a spear or eel weir. 

[Atnended by chapter 557, Laws of 1917.] 

§ 331. Size of mesh in Coney Island creek. The 
mesh of nets used in Coney Island creek, or within 
one-half mile of the mouth thereof in Gravesend 
bay, shall not be less than four inches square. Eel 
and flounder hoop nets may be used from October 
fifteenth to March thirty-first, both inclusive, pro- 
vided there be in said creek at low tide a passage 
unobstructed by nets not less than ten feet wide 
for the passage of boats and fish, and provided that 
all stakes used in connection with said nets shall 
6how plainly above the water at high tide. 

§ 332. Rockaway bay, Jones' inlet and adjacent 
waters. Nets shall not be used in Jones' inlet inside 
of the first spar buoy or inside of a line drawn three- 
quarters of a mile easterly and westerly from said 
buoy or in any of the following creeks, runs or water 
running into or tributary to Jones' inlet, namely: 
Long creek, below the sharp point of the marsh; 
Sea Dog creek, below a line drawn northerly and 
southerly from the easterly end of Elder island ; 
Shell creek, below the point of the gunning lead; 
Swift creek, below the upper point of Swift creek on 
the easterly side thereof; Haunt's creek, below a line 
drawn from the upper side of Haunt's creek point 
ind Old Ben's point. 

[As amended by chapter 508, Laws of 1913.] 



112 Conservation Law. 

§ 333. Recording and fees. All franchises, grants 
and leases of lands for shellfish culture, and assign- 
ments thereof, shall be recorded in the office of the 
supervisor, and all records thereof, theretofore or 
hereafter made, in such office or in any public office, 
and copies of such records when duly certified by the 
officer having the custody thereof, shall be admitted 
in evidence in any action or proceeding, civil or 
criminal, in which they are material. Fees shall be 
paid to the state and collected by the supervisor as 
follows, to wit, for the filing of each application for 
a grant or lease of land under water, twenty- live 
cents; for recording each instrument of lease, grant 
or assignment, one dollar; for each copy of any 
record of said office furnished, ten cents a folio; for 
each relocation survey, seven dollars per day for 
the time occupied, together with the actual travel- 
ing expenses of the surveyor. Any person requiring 
an original or relocation survey shall furnish a 
vessel at the place where such curvey is to be made, 
and the necessary assistance to do the work, at his 
own expense. 

§ 334. Supervisors of Nassau and Suffolk counties. 
The board of supervisors of the counties of Nassau 
and Suffolk may respectively pass laws not incon- 
sistent with the provisions of this article regulating 
and controlling the taking of fish, and shellfish in 
arms of the sea and fish bait from public lands of 
such counties, and prescribe what violations thereof 



Conservation Law. 113 

shall be punishable as misdemeanors and impose pen- 
alties, the same to be enforced under the provisions 
of article three of this chapter. 

§§ 335-355. [Repealed by chapter 521, Laws of 

1916.] 

PART XI. 

Private Parks. 
Section 360. Laying out private parks. 

361. Notices in private parks. 

362. Protection of private lands not parks. 

364. Signs not to be defaced. 

365. Fish and game protected. 

366. State game refuges. 

367. Penalties. Repealed. 

§ 360. Laying out private parks. A private park 
for the propagation and protection of fish, birds or 
quadrupeds may be established by the owner or per- 
son having the exclusive right to hunt or fish on 
private land or land and water, by publishing once 
a week for not less than four weeks in a newspaper 
printed in the county where such land or land and 
water are situated, a notice substantially describing 
the same and stating that it will be used as a private 
park to propagate and protect fish, birds or quadru- 
peds. Part of a private lake or pond may be laid out 
in a private park, if all riparian owners, including 
owners of the bed thereof, consent thereto in writing. 
If the state of New York be such owner such consent 
may be given by the commission. But waters stocked 



114 Conservation Laic. 

with fish by the state at any time after April seven- 
teenth, eighteen hundred and ninety-six, shall not be 
laid out in any such park. If waters or lands are 
hereafter stocked by the state with fish or game 
with the consent of the owner, the provisions of 
part XI shall no longer apply thereto. 

[As amended by chapter 508, Laws of 1913.1 

§ 361. Notices in private parks. Notices or sign- 
boards not less than one foot square Warning all 
persons against hunting or fishing or trespassing 
thereon for that purpose, shall be conspicuously 
posted and maintained on a private park not more 
than forty rods apart close to and along the entire 
boundary thereof, except that in private parks con- 
taining seven hundred acres or more the posting of 
such notices once in three years will be sufficient 
provided that defaced or destroyed signs be replaced 
once a year during the month of September, and 
there shall be so placed at least one notice or sign- 
board on each side and one at each corner of such 
park and where an outer boundary runs along or 
under any waters, the nearest shore or banks within 
the park shall be deemed the boundary for the pur- 
pose of posting such notices or signboards. It shall 
also be considered due service of notice for trespass 
upon any person or persons, by serving them per- 
sonally in the name of the owner or owners of such 
private park with a written notice containing a 
brief description of the premises, warning all per- 



Conservation Law. 115 

sons against hunting or fishing or trespassing 

thereon. 

[As amended bv chapter 508, Laws of 1913, chapter 
740, Laws of 1913, and chapter 492, Laws of 1917.] 

§ 362. Protection of private lands not parks. An 
owner or person having the exclusive right to hunt 
or fish upon inclosed or cultivated lands, or to 
take fish in a private pond or stream and desiring 
to protect the same, shall maintain notices or 
signboards, of the size and posted and maintained 
in the manner described in the preceding section. 

[As amended by chapter 508, Laws of 1913.] 

§ 363. [Repealed by chapter 508, Laws of 1913.] 

§ 364. Signs not to be defaced. No person shall 
injure, deface, or remove, a notice or signboard, 
placed or maintained pursuant to the provisions of 
this article. 

[As amended by chapter 508, Laws of 1913.] 

§ 365. Fish and game protected. No person shall 
take or disturb fish, birds or quadrupeds on any pri- 
vate park or private lands or trespass thereon for 
that purpose, after notices are posted as prescribed 
herein; or, if the notices have been once posted or 
the land established as a private park, after personal 
service upon him in the name of the owner or owners 
of a written or printed notice containing a descrip- 
tion of the premises and warning all persons against 
hunting or fishing or trespassing thereon. 

[As amended by chapter 508, Laws of 1913, and 
chapter 92, Laws of 1914.] 



116 Conservation Law. 

§ 366. State game refuges. Any land, including 
land under water and the waters thereon, owned by 
the state, enclosed as defined by subdivision twenty- 
three of section three hundred and eighty of this 
chapter, except land in the Adirondack and Catskill 
parks, may be set aside by the conservation commis- 
sion as a game refuge upon publishing the notice 
mentioned in section three hundred and sixty of 
this chapter and upon posting and maintaining 
notices and signboards not less than one foot 
square, warning all persons against hunting, fish- 
ing or injuring trees or plants or trespassing thereon 
for that purpose. Signboards or notices may be 
posted warning all persons against any one or more 
of these acts mentioned above. All such signboards 
or notices shall be conspicuously posted and main- 
tained on a state game refuge not more than forty 
rods apart close to and along the entire boundary 
thereof, and there shall be so placed at least one 
signboard or notice on each side and one at or near 
each corner of such game refuge. Where such game 
refuge shall consist of a well-defined body of water 
and the lands lying thereunder, the posting and main- 
taining of notices and signboards upon not less than 
ten prominent points upon the shore line shall be 
deemed sufficient notice. Where lands under water 
and the waters thereon are sought to be set aside 
as herein provided, the consent of the riparian 
owners must first be obtained. 

The commission may purchase in the nanre of 
and for the use of the state in any town of the state 



Conservation Law. 11? 

outside the limits of the Adirondack and Catskill 
parks, lands containing not less than one hundred 
acres, or may purchase the shooting and fishing 
rights in connection with such lands, and may estab- 
lish thereon a game refuge upon publishing and post- 
ing the notices as above provided. No person shall 
take or disturb fish, birds, quadrupeds, trees or 
plants on such game refuge or trespass thereon for 
that purpose after the notices are published and 
posted as above prescribed. Such land and waters 
shall remain a game refuge and private park for the 
propagation and protection of fish, birds, quad- 
rupeds, trees and plants as long as such lands 
remain the property of the state, or until the com- 
mission shall, by order to be published in the man- 
ner prescribed by section three hundred and sixty, 
permit the taking of fish, birds, quadrupeds, trees or 
plants upon such premises. 

[As added by chapter 92, Laws of 1914, and amended 
by chapter 499, Laws of 1917.] 

§ 366-a. The conservation commission is also au- 
thorized to set aside the following tract of land as 
a game refuge surrounding the game farm at 
Sherburne, Chenango county, New York, bounded 
and described as follows: Commencing at a point 
in the village of Sherburne at the intersection of 
Main and State streets, and running thence northerly 
in the highway leading from Sherburne village to 
Earlville village and crossing the Lackawanna rail- 
road tratk at Baldwin station; thence westerly from 
said Baldwin station about eightv-eight rods to a. 



118 Conservation Law. 

bridge across the east branch of the Chenango river 
where the said Sherburne-Earlville highway is inter- 
sected by the Earlville and Sherburne west-hill high- 
way ; and thence southerly » n the Sherburne west- 
hill highway two miles to Sherburne west-hill, and 
crossing at Sherburne west-hill the highway leading 
from Sherburne village to Smyrna village; and 
running thence south from Sherburne west-hill along 
the Merril's ridge road to Sherburne four corners; 
being two miles and three hundred and sixteen rods; 
and running thence northeasterly from Sherburne 
four corners past the school house on the road lead- 
ing from Sherburne four corners to Sherburne vil- 
lage; and thence easterly across the Chenango river 
and along the Pratt road, being about three miles 
and one hundred and sixty rods, to the place of 
beginning. 

[Added by chapter 523. Laws of 1916.1 

§ 367. [Repealed by chapter 521, Laws of 1916.] 

PART XII. 
Breeding, Importation and Sale of Fish and Game. 
Section 370. Lake trout and other fish; transpor- 
tation of; sale during close season. 
371. Sale of trout raised in private hatch- 
eries. 

372. Breeding of elk, deer, pheasants, and 

ducks, et cetera. 

373. Certain mammals and birds may be 

imported from without the United 
States and sold. 



Conservation Lww. 119 

Section 374. Fees. 

375. Storage of fish. 

376. Penalties. Repealed. 

§ 370. Lake trout and other fish; transportation 
of; sale during close season. Fish that may be 
lawfully sold under the provisions of this article, 
if lawfully taken in another state or country, may 
be transported into this state and possessed during 
the open season prescribed by this article. Pro- 
vided, however, that no person shall transport into 
this state, or possess, any fish caught in that 
portion of Lake Champlain or its tributaries known 
as Missisquoi bay, lying and being in the province 
of Quebec, or the Richelieu river, which is the 
outlet of said lake, at any time. During the close 
season therefor any parson may buy, possess and sell 
lake trout, whitefish, pickerel, pike, pike perch, short- 
nosed sturgeon and striped bass taken without the 
state, provided, however, such person shall keep a 
book of record in which he shall enter the name, 
residence and post-office address of every person 
from whom he shall buy, sell to or ship such fish and 
at all times shall permit the commission, or any 
member or officer thereof to make a full exam- 
ination of his books and papers relating to the 
purchase and sale of fish, and when required by 
the commission, furnish the original invoice or in- 
voices, freight or express receipts used in the 
transportation thereof. 

[As amended by chapter 508, Laws of 1013.] 



120 Conservation Law. 

§ 371. Sale of trout raised in private hatcheries. 
Any person desiring to engage in the business of 
propagating and selling trout raised in a pri- 
vate hatchery may make application in writ- 
ing to the commission for a permit so to do. The 
commission, when it appears that such application 
is made in good faith, shall issue to such applicant 
a hatchery permit to propagate, raise and sell trout 
during the entire calendar year, provided, however, 
that before any trout shall be transported, sold or 
offered for sale, the same shall be duly tagged under 
regulations prescribed by the commission. Upon 
obtaining a like permit, trout raised in a private 
hatchery without the state, may be possessed and 
sold within this state, provided the same shall be 
tagged as prescribed under rules and regulations of 
the commission. 

TAs amended by chapter 298, Laws of 1015, and chap- 
ter 521, Laws of 1916.] 

§ 372. Breeding of elk, deer, pheasants, geese and 
ducks; license; manner of killing; tagging; trans- 
portation; sale; reports; fencing; revocation of 
license. 

1. License. Any person desiring to engage in the 
business of raising and selling domesticated Ameri- 
can elk, white-tailed deer, European red deer and 
fallow deer, roebuck, pheasants, Canada geese, 
Hutchins geese, mallard ducks and black ducks, or 
any of them, in a wholly enclosed preserve, or entire 
island, of which he is the owner or lessee, may make 



Conservation Law. 121 

application in writing to the commission for a 
license so to do. The commission, when it shall 
appear that such application is made in good faith, 
shall, upon the payment of a fee of five dollars, 
issue to such applicant a breeder's license per- 
mitting such applicant to breed and raise domes- 
ticated American elk, whitetailed deer, European 
red deer and fallow deer, roebuck, pheasants, Canada 
geese, Hutchins geese, mallard ducks and black 
ducks, or any of them, on such preserve or entire 
island, and to sell the same alive at any time for 
breeding or stocking purposes and to kill and trans- 
port the same and sell the carcasses thereof for food 
as hereinafter provided. Such license shall expire 
on the last day of December in each year at midnight. 
2. Manner of killing. Any person to whom such 
a license shall have been issued may kill such elk, 
deer, pheasants, geese or ducks in the manner and at 
the times herein set forth, as follows : Elk, deer, 
pheasants, Canada geese, Hutchins geese, mallard 
ducks or black ducks may be killed at any time, 
in any manner, except that Canada geese, Hutchins 
geese, mallard ducks or black ducks may be killed 
by shooting only during the open season for wild 
fowl. Canada geese, Hutchins geese, mallard ducks 
or black ducks, killed by shooting, shall not be 
bought, sold or trafficked in, except under such rules 
and regulations as the commission may prescribe. 
Any person may possess or sell such elk, deer, 



122 Conservation Law. 

pheasants, geese or ducks for food as hereinafter 
set forth. 

3. Tagging. No elk, deer, pheasants, geese or 
ducks, killed as aforesaid and intended for sale, shall 
be shipped, transported, sold or offered for sale, 
unless each quarter and each loin of each carcass of 
euch elk or deer, and each pheasant, geese or duck 
shall have been tagged under the supervision of the 
commission with an indestructible tag or seal, which 
shall be supplied by the commission. The quarters 
and loins of the carcass of such elk or deer, and the 
carcasses of such pheasants, geese or ducks, when 
tagged as aforesaid, may be possessed, sold or offered 
for sale at any time. Every game protector or per- 
son designated by whom such elk, deer, pheasant, 
geese or ducks shall have been tagged, shall, within 
five days thereafter, make and file with the commis- 
sion a written report thereof, said tags or seals 
shall remain affixed as aforesaid until the quarters 
or loins of such elk or deer, or the carcasses of such 
pheasants, geese or ducks shall have been wholly con- 
sumed, and the sale of a quarter, loin, or any larger 
portion of any such elk or deer, or the carcass of 
any such pheasant, geese or duck, which shall not 
at the time have affixed thereto the tag or seal afore- 
said, shall constitute a violation of this section, pro- 
vided, however, that the keeper of a hotel, a restau- 
rant, a boarding house or a retail dealer in meat or 
a club, may sell portions of a quarter or loin of 
any such elk or deer, or of the carcass of any such 



Conservation Law. 123 

pheasants, geese or ducks so tagged or sealed aa 
aforesaid, to a patron or customer for actual con- 
sumption, and no license shall be required of such 
person or club. 

4. Transportation. Common carriers may receive 
and transport at any time carcasses, or parts thereof, 
of elk, deer, pheasants, geese or ducks tagged as 
aforesaid, but to every package containing such car- 
casses, or parts thereof, shall be affixed a tag or label, 
upon which shall be plainly printed or written th* 
name of the person to whom such license was issued 
and by whom such elk, deer, pheasants, geese or ducks 
were killed, the name or names of the person or per- 
sons to whom such elk, deer, pheasants, geese or 
ducks are to be transported; the name of the game 
protector or other person by whom such elk, deer, 
pheasants, geese or ducks were tagged; the number* 
of carcasses or portions thereof contained therein, 
and that the elk, deer, pheasants, geese or ducka 
were killed and tagged in accordance with the pro- 
visions of this section. 

5. Sale. No person shall sell or offer for sale any 
venison or birds killed and tagged as aforesaid with- 
out first obtaining a license so to do from the com- 
mission, upon such terms and conditions as the com- 
mission may prescribe, and any such license may be 
revoked at the pleasure of the commission. The 
said tags or seals shall remain affixed as aforesaid 
until the quarters or loins of such elk or deer, or 
the carcasses of such pheasants, geese or ducks shall 



124 Conservation Law. 

have been wholly consumed, and the sale of a 
quarter, loin or any larger portion of any such elk 
or deer, or the carcass of any such pheasant, geese 
or duck, which shall not at the time have affixed 
thereto the tag or seal aforesaid, shall constitute a 
violation of this section, provided, however, that the 
keeper of a hotel, a restaurant, a boarding house or 
a retail dealer in meat or a club, may sell portions 
of a quarter or loin of any such elk or deer, or of 
the carcass of any such pheasants, geese or ducks 
so tagged or sealed as aforesaid, to a patron or cus- 
tomer for actual consumption, and no license shall 
be required of such person or club. 

6. Reports. On or before the fifteenth day of 
April of each year every person, to whom a license 
Bhall have been issued as aforesaid, shall make a 
report to the commission covering the calendar year 
ending the thirty-first day of December in which 
eaid license was issued, which said report shall state 
the total number of elk, deer, pheasants, Canada 
geese, Hutchins geese, mallard and black ducks 
killed, sold or transported, as permitted by the pro- 
visions of this section, during the said period. 

Such reports shall set forth the name of the 
person to whom such elk, deer, pheasants, geese or 
ducks were sold or transported; the name of the 
game protector or person designated in whose pres- 
ence such elk, deer, pheasants, geese or ducks were 
tagged, and such reports shall be verified by the 
affidavit of the person to whom such license was 



Conservation Law. 125 

issued, or if the license was issued to a corpora- 
tion, then by an officer thereof. 

7. Deer preserves to be fenced. A preserve used 
for the breeding of elk or deer, pursuant to this sec- 
tion, shall be surrounded by a fence of wire or other 
material of a pattern to be approved by the com- 
mission of a height not less than seven feet. 

8. Revocation of license. If any person to whom 
any such license shall have been issued shall be con- 
victed of a violation of the conservation law in rela- 
tion to fish and game, tbe commission may revoke 
the license of such person, and thereafter no similar 
license shall be issued to such person. 

[As amended by chapter 508, Laws of 1913 ; chapter 
92, Laws of 1914 ; chapter 466, Laws of 1915 ; chapter 
521, Laws of 1916 ; chapters 193 and 486, Laws of 1917, 
ar.d chapter 230, Laws of 1919.] 

§ 373. Certain mammals and birds may be im- 
ported from without the United States and sold. 
The unplucked carcasses of pheasants of all species, 
Scotch grouse, European black-game, European 
black plover, European grey-legged partridge, Euro- 
pean red-legged partridge, Egyptian quail, and the 
carcasses of European red deer, fallow deer, roebuck 
and reindeer may be imported into this state from 
without the United States and sold therein at any 
time, provided, nevertheless, that immediately upon 
their importation and before they shall have been 
sold by the importer, there shall he affixed to each 
bird and to each quarter and each loin of each 
deer a tag or seal in the manner provided by 



126 Conservation Law. 

section three hundred and seventy-two. The said 
tags or seals shall remain, aa aforesaid, until the 
quarters and loin of such deer, and each bird to 
which it shall be affixed shall have been consumed, 
and the sale of any quarter, loin or larger portion of 
Buch deer, or of any portion of such bird which shall 
not at the time have affixed to it the tag or seal 
aforesaid shall constitute a violation of this section. 
Provided, nevertheless, that the keeper of a hotel, 
a restaurant, a boarding house or a retail dealer in 
meat or a club may sell portions of a quarter or loin 
of any such deer so tagged, or portions of any birds 
so tagged to a guest, customer or member for con- 
sumption. No dealer other than the keeper of a 
hotel, a restaurant, a boarding house or a retail 
dealer in meat or a club shall sell or offer for sale 
any such game imported and tagged as aforesaid 
without first obtaining a license so to do from the 
commission upon such terms and conditions as the 
commission may prescribe. Such license shall ex- 
pire on the last day of December in each year at mid- 
night unless sooner revoked by the commission. 

[As amended bv chapter 508, Laws of 1913, and chapter 
402, Laws of 1916.] 

§ 374. Fees. The commission shall be entitled to 
receive and collect for each tag or seal affixed to 
the carcass of any animal or bird, as provided by 
sections three hundred and seventy-two and three 
hundred and seventy-three, the sum of five cents; 
and the sum of one cent for each tag or seal affixed 



Conservation Law. 127 

to each trout as provided by section three hundred 
and seventy-one hereof. 

[As amended by chapter 521, Laws of 1916.] 

§ 375. Storage of fish. Any dealer in fish or frogs, 
duly licensed as herein provided, may hold during the 
close season, in a store house to be designated by 
the commission, such part of his stock of fish or frogs 
as he has on hand undisposed of at the beginning of 
the close season. Such dealer shall give a bond to 
the people of the state conditioned that he will not, 
during the close season ensuing, sell, use, give 
away, or otherwise dispose of any fish or frogs which 
he is permitted to possess during the close season; 
that he will not in any way, during the time when 
such bond is in force, violate any provision of this ar- 
ticle; the bond may also contain such other pro- 
visions as to the inspection of the fish or frogs pos- 
sessed, as the commission shall require, and shall be 
subject to the approval of the commission as to 
amount and form thereof, and the sufficiency of the 
sureties. But no presumption that any fish or frog 
is lawfully possessed under the provisions of this 
section shall arise until it affirmatively appears that 
the provisions thereof have been complied with. 

[As amended by chapter 92, Laws of 1914.] 

§ 376. [Repealed by chapter 521, Laws of 1916.] 

§ 377. Certain mammals and birds may be im- 
ported from without the state and sold. Any per- 
son engaged in the business of raising and selling 



128 Conservation Law. 

domesticated American elk, whitetail deer, European 
red deer and fallow deer, roebuck, pheasants, mallard 
ducks and black ducks, or any of them, in a wholly 
enclosed preserve or entire island, of which he is 
the owner or lessee, under a breeder's law providing 
for the tagging of all preserve bred game and other- 
wise similar in principle to the law of the state 
of New York in such case made and provided, may 
make application in writing to the commission for 
a permit to import such mammals or birds into the 
state of New York and sell the same. In the event 
that the commission shall be satisfied that the said 
mammals and birds are bred in captivity and are 
killed and tagged under a breeding law similar in 
principle to that of the state o: New York, upon 
the payment of a fee of five dollars, together with 
such additional sum as the commissioner may deter- 
mine to cover the necessary cost of inspection, the 
commission may in its discretion issue a revocable 
permit in writing to such applicant to import such 
mammals and birds raised as aforesaid into the 
state of New York and to sell the same, in which 
case the provisions of sections three hundred and 
seventy-two, three hundred and seventy-three and 
three hundred and seventy-four of the conservation 
law, in so far as the same are applicable, shall 
apply. 

(Added by chapter 406, Laws of 1916.] 



Conservation Law. 129 

PART XIII. 

Definitions and Construction. 

Section 380. Definitions, 

381. Application of article. 

382. Construction. 

383. Repeal. 

384. Time of taking effect. 

§ 380. Definitions. The following words and 
phrases used in this article are defined as follows: 

1. " Commission " is synonymous with conserva- 
tion commission. 

2. Gender and number shall be disregarded in 
construing this article whenever it is necessary to 
carry out the spirit thereof. 

3. " Person " includes a copartnership, joint-stock 
company or corporation. 

4. " Open season " is the time during which fish, 
fowl, birds and quadrupeds may be taken. If in 
accordance with the provisions of this article the 
open season commences or ends on Sunday, it shall 
be deemed to commence or end as the case may be 
on the Saturday immediately preceding such Sunday. 

5. " Close season " is the time during which fish, 
fowl, birds and quadrupeds cannot be taken. 

6. " Fish." Fish includes " fish protected by law," 
•' fish protected by this article," and " food-fish." 
Whenever the words " fish protected by law " or 

o 



150 Conservation Law. 

" fish protected by this article " are used, reference 
is had only to fish for which a closed season or 
size limit is provided. Whenever the words " food- 
fish " are used, reference is had to all species of 
edible fish. 

7. " Game " includes wild game, game protected by 
law, domestic game and imported game. 

[As amended by chapter 50S, Laws of 1913.] 

8 " Wild game " and <: game protected by law " 
include all game birds as defined and mentioned in 
section two hundred and ten, and all quadrupeds for 
which a close season is provided. 

[As amended by chapter 508, Laws of 1913.] 

9. " Domestic game " includes quadrupeds and 
birds mentioned in section three hundred seventy- 
two. 

10. " Imported game " includes quadrupeds and 
birds mentioned in section three hundred seventy- 
three. 

11. "Wild deer" includes all deer not lawfully 
held in private ownership in a preserve wholly en- 
closed by a fence, as provided by section three hun- 
dred seventy-two hereof. 

12. " Grouse " includes ruffed grouse, partridge 
and every member of the grouse family. 

13. " Trout " includes speckled trout, brown trout, 
rainbow trout, steelhead trout, red-throat trout and 
brook trout. 

[As amended by chapter 291, Laws of 1919.] 



Conservation Law. 131 

14. " Lake trout " for the purposes of this article 
includes landlocked salmon and ouananische. 

15. " Black bass " includes Oswego bass. 

16. " Pickerel " and " pike " include the great 
northern pike, commonly called pickerel, pond pick- 
erel, chain pickerel, grass pickerel and banded 
pickerel. 

17. " Pikeperch " includes walleyed pike, commonly 

called pike, and yellow pike. 

[Re-enacted without change, chapter 508, Laws of 
1913.] 

18. " Shell fish " includes oysters, scallops and all 
kinds of clams. 

19. " Pheasants " includes Hungarian dark-necked 
pheasant, ring-necked, commonly called English, 
Mongolian or Chinese pheasant. 

20. "Angling " means taking fish by hook and line 
in hand or rod in hand; or if from a boat not ex- 
ceeding two lines with or without rod to one person. 

21. "Hooking" is defined to mean taking or at- 
tempting to take fish not attracted by bait or arti- 
ficial lure, by snatching with hooks, whether baited 
or unbaited, gangs or similar devices. 

22. " Plumage " includes any part of the feathers, 
head, wings or tail of any bird, and wherever the 
word occurs in this article reference is had to 
plumage of birds coming from without the state 
as well as to that obtained within the state, but 
it shall not be construed to apply to the feathers of 



132 Conservation Laic. 

birds of paradise, ostriches, domestic fowl or doniea- 
tic pigeons. 

23. Where lands are referred to as " enclosed " or 
"wholly enclosed" the boundary may be indicated 
by wire, ditch, hedge, fence, road, highway, water 
or by any visible or distinctive manner which indi- 
cates a separation from the surrounding contiguous 
territory, except as otherwise provided. 

2-i. " Inhabited " means a permanent occupancy 
by a species as contrasted with a temporary presence 
of an occasional individual. 

25. " Nets " includes seines, gill nets, pound nets, 
trap nets, scap nets, fyke nets, dip nets, scoop nets 
and stake nets. 

26. " Taking " includes pursuing, shooting, hunt- 
ing, killing, capturing, trapping, snaring and netting 
fish and game, and all lesser acts such as disturb- 
ing, harrying or worrying, or placing, setting, draw- 
ing or using any net or other device commonly used 

to take fish and game, whether they result in taking 
or not; and includes every attempt to take and 
every act of assistance to any ether person in taking 
or attempting to take fish or game. A person who 
counsels, aids or assists in a violation of any of the 
provisions of this article, or knowingly shares in 
any of the proceeds of said violation by receiving 
or possessing, either fish, birds or game shall be 
deemed to have incurred the penalties provided in 
this article against the person guilty of such viola- 



Conservation Law. 133 

tion. Whenever taking is allowed by law, reference 
is had to taking by lawful means and in lawful 
manner. 

27. " Hunting " includes pursuing, shooting, kill- 
ing, capturing and trapping game or quadrupeds, 
and all lesser acts such as disturbing, harrying or 
worrying, or placing, setting, drawing or using any 
device commonly used to take game or quadrupeds 
whether they result in taking or not; and includes 
every attempt to take and every act of assistance to 
any other person in taking or attempting to take 
game or quadrupeds. 

[Subcl. 27 added by chapter 92, Laws of 19141. 

28. " Immediate family " as used in subdivision 
eight of section one hundred and eighty-five of this 
chapter includes all persons who are related by blood, 
marriage or adoption and domiciled in the house 
of the owner or lessee. 

29. For the purposes of this chapter a dog shall 
be deemed to be " at large " when it is outside of 
the owner's residence or a fenced enclosure im- 
mediately surrounding or adjacent to such residence. 

TSubds. 28 and 29 added by chapter 521, Laws of 
1916.] 

§ 381. Application of article. In all cases where 
possession, purchase or sale of fish or game or of 
the flesh of any quadruped, bird or fish is unlawful, 
possession, purchase or sale of the same species of 
fish or game or of the flesh of the same species of 
quadruped, bird or fish coming from or taken without 



134 Conservation Law. 

the state, shall be deemed to be and is, except aa 
otherwise expressly provided herein, unlawful. 
[As ameaded by chapter 508, Laws of 1913.] 

§ 382. Construction. This article is intended to be 
a restatement of existing law with such changes as 
clearly appear. The term of office of the present 
employees of the commission in the division of fish 
and game shall not be affected, except as herein 
specifically provided. Nothing in this article shall 
be construed as amending or repealing any pro- 
visions of the code of criminal procedure nor of the 
penal law. Any of the provisions of this article 
inconsistent with the provisions of the code of crim- 
inal procedure or of the penal law shall be held to 
be effective for the purposes of this article only. 

[As amended by chapter 508, Laws of 1913, and chap- 
ter 521, Laws of 1916.] 

Schedule of Laws Repealed. 



Laws of 


Chapter 


Section 


1911 


647 ... . 


193 as amended by chapter 176 
of the laws of 1915. 


1912 


318 


161, 1ST, 203, 223, 25S, 284, 335, 
367 and 376. 


1913.... 


508 


152, subd. 5, 186, 203, 223, 258, 
2S4, 355, 367 and 376. 


1914 


92 


355 and 367. 


1915 


176 


193. 


1918 


68.... 


173. 


1919 


1 


217. 



Conservation Law. 



135 



ADDITIONAL PROTECTION 
PERIODS IN CERTAIN LOCALITIES. 

Orders now effective made by the Commission 
under section 152. During the periods stated and in 
the localities named, all taking is prohibited as to 
the species named: 



Species 


County 


Period 


Expires 


Cottontail rabbits 


Richmond 


Oct. 1 to Nov. 
14 and Jan. 1 


No date 












to 31 




Cottontail rabbits 


Lon j Island 


Oct.lto0ct.31, 
a' d Jan. 1 to 


No date. 












Mar. 1 




Varying har.s and 
cot! ontail rab- 


Erie 


Jan. 1 to Mar. 1 


Oct. 1, 1920 






bits 








B'ack and grey 
squirrels 


Genesee 


Two years 


Oct. 1, 1920 








Ruffed grouse 


Throughout state, ex- 


Nov 1 to Nov. 


Oct 1, 1920 




cept I ong Island. 


30 






Long Island 


Dec. 1 to Dec. 


Oct. 1, 1920 




Lake Erie and Niagara 


31 
June 16 to June 


No date. 




river 


30 




do 


All waters in the towns 


June 16 to July 


June 15, 1920 




of Chester, Horicon 


15 






and Johnsburg, 








Warren county 






Email mouth black 


Lake Bonaparte. Lewis 


June 16 to June 


June 16, 1920 


bas3 


county 


30 




BlacK. bass 


Schroon and Paradox 


June 16 to July 


June 15, 1920 




lakes 


15 




Black bass 


Lakes Pleasant and 
Sacandaga, Hamilton 
county, Prohibition 
June 16 to July 15 


Three years 


June 16, 1920 


All fish 


Grass lake, counties 
of St. Lawrence and 


Taking through 
ice prohibited 


Jan. 1. 1922 








Jefferson. 






Hi fish 


Butterfield lake, Jeffer- 
i son county. 


Tip-ups pro- 
hibited. 


Jan. 1, 1923 







136 



Conservation Law. 



ADDITIONAL PROTECTION PERIODS— Continued. 



Species 



Pike, pickerel and 

perch. 



Pik 



great north- 
ern pike and 
pickerel 



Tip-ups. 



Brook trout. 



Brook trout 

Only to be taken 
in the daytime af- 
ter sunrise and be- 
fore nine o'clock 
P.M. 



County 



Clear lake, town of 
Alexandria, Jefferson 
County. 

Town of Theresa, Jeffer- 
son county, Red lake, 
Hyde lake, Moon 
lake, Muscalonge 
lake. 



Dutchess county . 



Otter creek, Dorsey 
creek, Skate creek, 
High Rock creek, 
Cage creek. Panther 
creek, Wolf creek, 
Robinson river, 
Glasby creek, Cran- 
berry Lake inlet 
above High Falls, 
Six Mile creek. Chair 
Rock creek, Sucker 
brook, East creek 
and Brandy creek, 
together with the 
tributaries thereto in 
the towns of Fine, 
Clifton and Colton 
in the county of 
St. Lawrence. 

Cranberry lake and 
Cranberry lake inlet 
below High Falls. 



Period 



pro- 



Tip-ups 
hibited. 



Five years; 5 
tip-ups only 
to be operated 
by one person 
between sun- 
rise and sun- 
set. 

Tip-ups pro- 
hibited. 

Four years.. . 



Four years. 



Expiree 



Jan. 1, 1921 



Jan. 1, 1921 



Oct. 1, 1921 
Sept.l, 1920 



Sept. 1, 1920 



Conservation Law. 137 



RULES AND REGULATIONS- 



Relating to: 
I. Nets, set and trap lines, eel weirs and eel pots. 

Subds. I-48. 
IT. Taking minnows for bait. Subds. 19, 19 a, 20, 

III. Buying and selling trout artificially propa- 

gated. Subds. 21-26. 

IV. Propagation and sale of fur bearing animals, 

Subds. 27-30. 

V. Possession of venison. Subd. 31. 

VI. Importation license. Subd. 32. 

VII. Regulations with respect to black and mallard 

ducks killed by shooting. Subd. 33. 

VIII. Amending or abrogating rules. Subd. 34. 

IX. Penalties and construction. Subd. 35. 

[Adopted by the Conservation Commission on the 10th 
day of December, 1912, to take effect January 1, 1913.} 

I. 

NETS, SET AND TRAP LINES, EEL WEIRS ANT> 

EEL POTS. 

License 1# No nets of ^ kind snaI1 be set 

required or used for tlie takin g of fisn in Lake 
Erie, Lake Ontario, the Hudson river, 

or the inland waters of the State without a license 

bo to do granted by the Conservation Commission. 

[Amended May 9. 1918.] 



138 Rules and Regulations. 

Food fish, la. Food fish, other than migratory 

manner of food fish of the sea within the limits 

taking. of the marine district, shall not be 

taken by any person in any manner other than by 

angling or in the manner expressly permitted by a 

license or permit duly issued by the Commission. 

Application 2 " No license sha11 be granted ex- 

th r cept upon written application made 

upon blanks to be furnished by the 
Commission and signed and sworn to by the ap- 
plicant. 

All applications for licenses must be endorsed by 
two responsible persons. 

The application shall specify the size of the bar 
and the kind and size of the net to be used together 
with the length of the wings and leaders. 

The Commission shall determine and fix the size 
of nets and the length of the wings or leaders to 
be used. 

The Commission may refuse to grant a license to 
any person for any reason which to it may seem 
sufficient. 

Failure to return to the Commission at the ex- 
piration of a license, tags issued by it, or to make 
the report required by rule twelve hereof is sufficient 
cause for denying an application for a license. 

[Amended June 5, 1918, and May 10, 1919.] 



rales and Regulations. 139 

License 3. All licenses for nets shall be 

subject to granted pursuant and subject to these 
rules. rules and regulations. 

4. Only such nets, to the number 
Hind of nets and of the size of the bar, with lead- 
to be used ers and wings, of the length men- 
and duration tioned, shall be used as are specified 
of license, in the license; the license shall specify 
the kind of nets to be used and the 
duration of the license; licenses shall be granted 
for no longer than one year; all licenses granted 
during the year will expire on the thirty-first day 
of December following, unless an earlier date is 
specified; nets shall be used only during and at the 
times specified in the license. 

~ , . 5. The Commission may revoke any 

Revocation. J J 

license granted hereunder at any time 

for any reason which to the Commission may seem 

sufficient. 

6. A license issued pursuant to 

these rules is not transferable and 
ferable. if a licensed net be used by any per- 
son other than the licensee or a person in his employ, 
or under his immediate supervision, it shall be 
deemed forfeited, revoked and cancelled. 

Location of ^' -^ ets s ^ ia ^ De se * or use ^ on ^y 

in the waters mentioned in the 
nets re- 
stricted license; the setting and hauling of 

all nets in those waters shall at all 



140 Rules and Regulations. 

limes be under the direct supervision and control of 

the Conservation Commission or person designated 

by it, who shall have the power to designate the 

location of all nets; such location once fixed shall 

not be changed without the written authority of 

said Commission or person. 

No net licensed under a seine license shall be 

staked, anchored or otherwise fastened while in 

the water unless specifically permitted in the license. 

-, . 8. The Commission shall issue with 

Tagging of 

. each licensed net or set line a tag 

upon which shall be stamped a num- 
ber corresponding with the number or numbers on 
the l ; cense. Such tag must be attached to the net 
or set line when in us • in such manner that it will 
be on the top of or above the water and in plain sight 
at all times. 

■c, ,.,.,. , 9. The owner of a boat or vessel 

Exhibition of 

, 4 on Lake Erie or Lake Ontario, to 

whom a license to use gill nets has 
been issued, shall at all times have his license in 
plain sight aboard the boat named in the said 
license. Each licensee must exhibt his license when 
requested by any game protector, or by any peace 
officer in this state, or by any person designated by 
the commission. Gill nets, licensed pursuant to sec- 
tion 270 of the Conservation Law and these rules, 
for use in Lake Erie or Lake Ontario, shall not be 
used in connection with, nor operated from, any 



Rules and Regulations. 141 

boat other than the one named in the said license, 
except on permission in writing from the Commission. 
[Amended May 8, 1918.] 

10. The bar of all nets used under 
Mesh of 

any license, except to take minnows 
Nets 

for bait, shall be as follows: 

Nets for taking lake trout and whitefisJi, not 
less rhan 2% -inch bar; 

Xets for taking Otsego whitefish in Otsego Lake, 
not less than 1%-inch bar; 

Nets for taking fish, other than lake trout and 
wli •efish, not less than P/g-inch bar; 

Nets for taking short-nosed sturgeon, not less 
th:ni 2 V- -inch bar; 

Nets for taking other sturgeon, not less than 
5- inch bar. 

11. Fish not allowed to be taken 
Disposal of under the license shall be carefully 

f : h uninten- handled and immediately returned 
tionally takes to the water; fish which may be 
or undersized taken, if under the size limit and 
fish taken in taken in gill nets, must be disposed 
gill nets. of as provided in section 177 of the 
Conservation Law. 

12. Every person holding a license 
* shall make an annual report to the 

Commission of the number, weight and species of 
fish caught and the value of same, and return the 
taga issued to him with the license. 



142 Rules and Regulations. 

13. An applicant shall, at the 

License fees, time of filing his application for a 

license, pay to the Commission a 

license fee as provided in the following schedule: 

NET SCHEDULE FOR THE HUDSON RIVER. 

For each, minnow net, per lineal foot $0. 10 

For each scoop, dip or scap net 10x10 feet 

square and under 1 . 00 

For each scoop, dip or scap net over 10x10 

feet square 2 . 00 

For each fyke net 3 foot hoop and under .... 1 . 00 
For each, fyke net 5 foot hoop and over 3 foot 

hoop 2 . 00 

For each 4 foot trap net and under 3.00 

For each 6 foot trap net and over 4 feet. ... 5.00 
For each 8 foot trap net and over 6 feet .... 7.00 

For each trap net larger than 8 feet 10.00 

For each seine or gill net used only for tak- 
ing fish not protected by law, per lineal 

foot 15 

For each seine or gill net used only for tak- 
ing fish protected by law, 2 cents per lineal 
foot. No license issued for less than 
$5.00, and the maximum fee for such li- 
censes will be 15.00 

For each set line 500 feet in length .50 

For each sturgeon line 5 . 00 



Rules and Regulations. 143 

For each tide line 1,800 feet in length $1 . 00 

For each stake net per 100 lineal feet 3 . 00 

[Amended Mar. 15, 1917, and Oct. 1, 1918.] 

NET SCHEDULE OTHER WATERS. 

For each minnow net, per lineal foot $0. lo 

For each scoop, dip or scap net 10x10 feet 

square and under 1 . 00 

For each scoop, dip or scap net over 10x10 

feet square 2 . 00 

For each fyke net 3 foot hoop and under .... 2 . 00 

For each fyke net 5 foot hoop and over 3 feet 3 . 00 

For each fyke net over 5 foot hoop 5 . 00 

For each 4 foot trap net and under 3.00 

For each 6 foot trap net and over 4 feet 5.00 

For each 8 foot trap net and over 6 feet 7. r 

For each trap net larger than 8 feet 10.00 

For each machine trap in the Niagara River. 20.00 
For each seine or gill net used only for taking 

fish not protected by law, per lineal foot. . .15 
For each seine or gill net used only for taking 

fish protected by law, 2 cents per i;,i eal foot. 

No license issued for less than $5.00 and the 

maximum fee for such licenses will be. . . . 15.00 

For each sturgeon line 5 . 00 

For each set-line 500 feet in length, 300 hooks 

to each line 1.00 

For each eel pot .50 

For each eel weir and trap attached thereto. . 20.00 

For each stake net per 100 lineal feet 3 . 00 

[Amended April 24, 1918. and June 6. 19? S.] = 



144 Rules and Regal:! ions. 

In the waters of Lake Erie and Lake Ontario the 
following fees shall apply; outside of the mile and 
half mile limit as provided in section 276 of the 
Conservation Law: 

F cr each fyke net $10 . 00 

For each trap net 15 . 00 

For gill nets used in connection with each row 

or sail boat 10 . 00 

For gill nets used in connection with a fishing 
boat other than a row or sail boat, but not 
exceeding ten tons, gross tonnage 20 . 00 

For gill nets used in connection with any 
boat or vessel from ten to fifteen tons, 
gross tonnage 25 . 00 

For gill nets used in connection with any 
boat or vessel from fifteen to twenty tons, 
gross tonnage 30 . 00 

For gill nets used in connection with any boat 

or vessel over twenty tons, gross tonnage. 1.50 

per ton 
[Amended May 8, 1918.1 =: 

13-a. During the shad season, from March 15th 
to June 15th, both dates inclusive, no nets, excepting 
fyke nets and minnow nets used for taking bait, shall 
be set, placed, drawn or allowed to remain in the 
Aval eis of the Hudson river from below the dam at 
Troy, between sunset on Friday and one hour before 
sunrise on the following Monday. Adopted May 2, 
1018. 

[Amended May 27. 1910.] 



Rules and Regulations. 145 

13-b. From March 15th to June 15th, both dates 
inclusive, no nets of any kind shall be set, placed, 
drawn or in any way used on the shaols or flats in 
the Hudson river known as " The Flats,*' beginning 
at the red buoy north of Kingston Point and con- 
tinuing in a northerly direction to the red buoy 
opposite the village of Earrytown. 

[Adopted April 11, 1918.] 

c-,, f j 14. Ed pots must not be more than 

, 6 feet long, nor more than 12 inches 

square, if in square form. The aper- 
ture or mouth of any eel pot shall be not more than 
IV2 inches in its greatest diameter. There shall 
be no fixtures or wings of any kind attached to 
or used in connection with eel pots. 

c- r - 15. For the purposes of these rules 

an eel weir shall consist of not to 
weirs. 

exceed two wings or leaders fastened 

to an eel trap; no eel trap shall have attached 

thereto more than one weir; the length of each weir 

shall be determined by the Commission or person 

designated by it; and the use of weirs of a greater 

length than that specified in the license is prohibited. 

16. Eel weirs and eel pots shall not be constructed, 
set or used in any manner so as to unduly obstruct 
the natural flow of water or interfere with the free 
passage of boats. The use of eel weirs, the latha 
of which are less than 1 inch apart, is prohibited. 

Each eel weir or eel pot shall have attached thereto 
a tag, issued by the Commission, upon which shall 



146 Rules and Regulations. 

be stamped a number corresponding with the number 
on the license. All fish, except eels, taken in an 
eel weir or an eel pot, must be immediately returned 
to the water. 

t, .. . 17. Bait lines or trap lines to take 

Bait or trap r 

l'np«5 to takp sturgeon shall not exceed 1,200 feet in 
f length and the bait lines shall use 

Number 8-0 hooks set not less than 
two feet apart and be anchored on the bottom; trap 
lines shall use Number 10-0 hooks, set not less than 
six inches apart and be anchored not over three feet 
from the bottom. Each bait or trap line shall have 
attached to one end thereof a buoy which shall be 
above water and in plain sight at all times; each buoy 
shall have attached thereto a tag, issued by the Com- 
mission, upon which shall be stamped a number cor- 
responding with the number on the license. 
[As amended Feb. 24, 1914.] 

18. Set lines, except sturgeon lines 
and set lines in the Hudson river, 
shall not exceed 500 feet in length. Hooks not 
larger than a number four hook, and not more 
than 300 hooks to one line, spaced fifteen inches 
apart, may be used. When in operation one end 
of a set line shall be attached to the shore and 
the other anchored to the bottom. Only dead bait 
shall be used and the use of minnows for this pur- 
pose is prohibited. A person may own and operate 
not more than one set line at any one time. 

In the Hudson river set lines not exceeding 1,800 



Rules and Regulations. 147 

feet in length, with not more than 400 hooks at- 
tached thereto, spaced fifteen inches apart, may be used. 
[As amended May 11, 1917, and May 10, 1918.] 

II. 
TAKING MINNOWS FOR BAIT FOR SALE. 

Bond. 19 * Revoked Jul J 15 > 1918 ' 

19a. Any person purchasing minnows and desiring 
to sell the same, must apply to the Conservation Com- 
mission for a license so to do; the fee for such 
license will be $1.00; no bond will be required. 

[Added Feb. 15, 1917.] 

20. Black bass, maskalonge, white fish, pickerel, 
pike, pike-perch, lake trout, striped bass, yellow 
perch, shad, bullheads, sun fish, porgies, white bass, 
and strawberry bass, taken in a net used to take 
minnows for bait shall be immediately returned to 
the water uninjured. 

No net more than twenty-five feet long shall be 
used for taking minnows for the owner's personal 
use. 

Glass or wire minnow traps, without wings or 
leaders, may be set for taking minnows for bait in 
waters inhabited by trout, for the taker's personal 
use but not for sale, provided that no such trap shall 
exceed twenty inches in length and that the aperture 
therein for the entrance of minnows shall not exceed 
one inch in diameter. 

[Amended May 8, 1918.] 



Lease of 



device 
and rental. 



148 Rules and Regulations. 

III. 

BUYING AND SELLING TROUT ARTIFICIALLY 

PROPAGATED. 

21. The Commission will lease to 
each applicant to whom a permit is 
issued to engage in the business of 
propagating and selling trout raised 
in a private hatchery, a device to be 
used in tagging the trout. No device other than the 
; ,ie so furnished shall be used for this purpose. 
E ich applicant shall pay in advance to the Commis- 
sion as and for rental of said machine for the first 
year a sum equal to the actual cost as billed by the 
manufacturers, and the sum of one dollar each year 
thereafter. At the expiration of said permit the 
applicant shall return said machine to the Conser- 
vation Commission, in as good condition as when 
taken, natural wear and tear excepted. 
[Amended May 7, 1918.] 

Ta , 22. The Commission will furnish to 

r each person to whom a permit is is- 

sued metallic tags inscribed with the 
letters " N. Y. S. C C." Each applicant shall pay 
to the Commission for said tags the sum of one cent 
each. Only tags so furnished shall be used; no tag 
shall be used more than once 
[As amended June 28, 1916.] 
Sale of 23 - Artificially propagated trout 

trout. no * l ess tnan SiX i ,; ' >1i(?s l° n g ma y ^ e 

sold for consumption, at any season 






Rules and Regulations. 149 

of the year, under said permit, provided one of said 
metallic tags is firmly attached to each trout. The 
Bale of wild trout is prohibited at all times. 

Any person holding a permit as aforesaid may sell, 
exchange or give away at any season of the year, 
for the purpose of propagation or exhibition, any 
live trout propagated by him. 

Live trout for propagation purposes only, may be 
transported when accompanied by a permit issued 
by the Commission and not otherwise. 

24. Before any trout are shipped or 
* transported the package in which the 

^ aS same are contained must have affixed 

thereto a tag on which shall be plainly marked the 
number of pounds and kind of trout contained 
therein, together with the name and address of the 
consignee and the consignor, the initial point of bill- 
ing and the point of destination. 

Right to have 26 ' An ^ P erson may buy ' 8el1 or 
, £ have in possession for sale for use 

trout for - , , , 

,. as food at anv season of the year, a 

consumption. *•* • « + a a 

trout artificially propagated and 

kept, provided that such trout is not less than six 

inches long and provided also that the same is tagged 

as hereinbefore provided. The tag shall be removed 

only by the consumer, and when removed shall be **.- 

stroyed. 

■p t , 26. Every person receiving a permit 

as aforesaid, to propagate and keep 

trout, shall make a written report to the Commission 



150 Rules and Regulations. 

on or before December thirty-first of each year, stat- 
ing the number and variety rf trout sold or ex- 
changed, or given away for use as food, or for propa- 
gation or exhibition during the preceding year. 

IV. 

PROPAGATION AND SALE OF FUR-BEARING 

ANIMALS. 
„ , 27. Each application for a license to 

engage in the business of propagation 
and sale of fur-bearing animals shall be accompanied 
by a satisfactory bond to the People of the State in 
the penal sum of five hundred dollars, conditioned that 
the applicant will not keep such fur-bearing animals 
which are taken wild during the close season for such 
fur-bearing animals and will not dispose of such fur- 
bearing animals in any way during the close season; 
that he will observe all of the prohibitions, restric- 
tions and conditions imposed by the terms of the li- 
cense to be issued and the provisions of section 200 of 
the Conservation Law. 

28. Upon the payment to it of a 

Application fee of five dollars, the commission 

and fee. shall issue to the applicant a license 

permitting him to keep fur-bearing 

animals under the provisions of section 200 of the 

Conservation Law for one year from a time therein 

stated. 

_ .. 29. No person purchasing fur-bear- 

Construction. . . * * - ,. , „ 

ing animals from such licensee shall 



Rules and Regulations. 151 

have them in possession during the close season, even 

though purchased during the open season, unless such 

person shall have a license under section 200 of the 

Conservation Law. 

Renewal of * n or( * er *° authorize the continu- 

license ance of such licenses thereafter, the 

licensee shall renew application each 

year, and the fee for renewal of license shall be five 

dollars. 

Penalty ^°* ^ n ^ P erson violating any rule 

or regulation of the Commission or 
any of the provisions of section 200 of the Conserva- 
tion Law shall forfeit his license and shall be denied 
the privilege of renewing it. 

[As amended April 27, 1914 and June 15, 191.7.] 

V. 

POSSESSION OF VENISON. 

. ,. ,. 31. Application for a license to 

Application. i r . 

possess venison must be made on or 

before the twentieth day of November in each cal- 
endar year. 

The applicant shall, at the time of filing his appli- 
cation, pay to the Commission a license fee of one 
dollar. 

The Commission will furnish with the license four 
metal tags, and duplicate coupons which shall be 
filled out and signed by the licensee. One coupon 
when issued by the Commission shall, at all times, 
be attached to the carcass of the deer, or to the 
venison, and one coupon shall be filed with the Com- 



152 Rules and Regulations. 

mission within ten days from the date of the issuance 
of the license. 

A license shall permit a person to possess venison 
for consumption, but not for sale, from November 
twenty-first to the first day of February following, 
both inclusive, provided that each quarter of ven- 
ison shall, at all times, be tagged with a metal tag, 
furnished by the Commission, fastened and locked 
to each quarter. 

[Ah arafended Nov. 20, 1013, and April 1, 1914 and June 
20, 1916, and May 21, 1919.] 

VI 

x , . 32. An importation license, pursuant 

Importation l . . 

.. to the provisions of section 1/8, 

license. r 

subdivision 4, of the Conservation 

Law, may be issued upon application at any time. 

Such license shall expire on the thirty-first day of 

December following the date of issue. A fee of one 

dollar ($1.00) shall be charged for such license. 

" Adopted June 23, 1916. 

VII 
33. That no person raising domes- 
Regulations ticated black or mallard ducks under 
with respect a breeder's license, issued as pro- 
to the sale of vided by section 372 of the Con- 
domesticated servation Law, shall sell any ducks 
black and so raised which have been legally 
mallard ducks killed by shooting, unless such ducks 
killed by bear a mark of identification which 
shooting. will identify the said ducks as be- 
ing raised under a breeder's license; 



Rules and Regulations. 153 

such identification mark to be placed upon the 
ducks before they are four weeks old; said mark- 
ing to be done under the supervision of the Con- 
servation Commission. 

[Amended March 21, 1917.] 

(2) That said black and mallard ducks be also 
tagged pursuant to the provisions of said section 
372, subdivision 3, thereof, during the said open sea- 
son for wild waterfowl. 

Adopted June 23, 1916. 

VIII. 

a~.~~a-~~ ~_ 34. The Conservation Commission 
Amending or 

. ,. reserves the right to alter, amend, or 

* abrogate any or all of the foregoing 

rules and regulations, and may adopt 
new ones at any time as the Commission may deem 
expedient. Nothing contained in any of these rules 
and regulations shall be construed as compelling the 
issuing of a license to any person nor to prevent the 
revoking of such license at any time. 

IX. 

_ . . 35. Any person who shall violate 

any of these rules shall be subject 
to the penalties imposed by provisions of the Con- 
servation Law in relation to fish and game. 

,. .. No license or permit issued by the 

Construction. . . / J 

Commission under Article 5 of the 



154 Rules and Regulations. 

Conservation Law shall be deemed to authorize 
the licensee, or person to whom such a permit ia 
issued, to trespass upon any private lands, or to do 
any injury thereto, or to exclusively occupy any 
land owned by the State, including lands under 
water, or to exclusively use any public waters of 
the State. 



UNITED STATES STATUTES. 



FEDERAL LAWS REGULATING INTERSTATE 
COMMERCE IN GAME. 



THE LACEY ACT. 



Ch. 553.— AN ACT to enlarge the powers of the 
department of agriculture, prohibit the transporta- 
tion by interstate commerce of game killed in vio- 
lation of local laws, and for other purposes. (31 
Stat., 187.) 

Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Con- 
gress assembled, That the duties and powers of the 
department of agriculture are hereby enlarged so as 
to include the preservation, distribution, introduction, 
and restoration of game birds and other wild birds. 
The secretary of agriculture is hereby authorized to 
adopt such measures as may be necessary to carry 
out the purposes of this act and to purchase such 
game birds and other wild birds as may be required 
therefor, subject, however, to the laws of the various 
states and territories. The object and purpose of 
this act is to aid in the restoration of such birds 

L'155] 



156 United States Statutes. 

in these' parts of the United States adapted thereto 
where the same have become scarce or extinct, and 
also to regulate the introduction of American or 
foreign birds or animals in localities where thvy 
have not heretofore existed. 

The secretary of agriculture shall from time to 
time collect and publish useful information as to the 
propagation, uses, and preservation of such birds. 

And the secretary of agriculture shall make and 
publish all needful rules and regulations for carry- 
ing out the purposes of this act, and shall expend 
for said purposes such sums as congress may ap- 
propriate therefor. 

§ 2. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 3. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 4. Repealed by chapter 321 of the Laws of 1909 
of the United States. 

§ 5. That all dead bodies or parts thereof, of any 
foreign game animals, or game or song birds, the 
importation of which is prohibited or the dead bodies, 
or parts thereof, of any wild game animals, or game 
or song birds transported into any state or territory, 
or remaining therein for use, consumption, sale, or 
storage therein, shall upon arrival in such state or 
territory be subject to the operation and effect of 
the laws of such state or territory enacted in the 
exercise of its police powers, to the same extent and 
in the same manner as though such animals and 



United States Statutes. 157 

birds had been produced in such state or territory, 
and shall not be exempt therefrom by reason of being 
introduced therein in original packages or otherwise. 
Thi3 act shall not prevent the importation, trans- 
portation, or sale of birds or bird plumage manu- 
factured from the feathers of barnyard fowl. 
Approved, May 25, 1900. 

Ch. 231. — AN ACT to codify, revise and amend the 
penal laws of the United States. (35 Stat., 
1137.) 

Be it enacted oy the Senate and Eouse of Repre- 
sentatives of the United States of America in Con- 
gress assembled, That the penal laws of the United 
States be and they hereby are codified, revised and 
amended with title, chapters, head notes and sec- 
tions, entitled, numbered and to read as follows: 

CHAPTER 9. 
§ 241. The importation into the United States, or 
any territory or district thereof, of the mongoose, 
the so called " flying foxes " or fruit bats, the Eng- 
lish sparrow, the starling, and such other birds and 
animals as the secretary of agriculture may from 
time to time declare to be injurious to the interest! 
of agriculture or horticulture, is hereby prohibited; 
and all such birds and animals shall, upon arrival 
at any port of the United States, be destroyed or 
returned at the expense of the owner. 



158 United States Statutes. 

No person shall import into the United States or 
into any territory or district thereof, any foreign 
wild animal or bird, except under special permit 
from the secretary of agriculture: Provided, That 
nothing in this section shall restrict the importation 
of natural history specimens for museums or scientific 
collections, or of certain cage birds, such as domesti- 
cated canaries, parrots, or such other birds as the 
secretary of agriculture may designate. 

The secretary of the treasury is hereby authorized 
to make regulations for carrying into effect the pro- 
visions of this section. 

§ 242. It shall be unlawful for any person to de- 
liver to any common carrier for transportation, or 
for any common carrier to transport from any state, 
territory, or district of the United States, to any 
other state, territory, or district thereof, any foreign 
animals or birds, the importation of which is pro- 
hibited, or the dead bodies or parts thereof of any 
wild animals or birds, where such animals or birds 
have been killed or shipped in violation of the laws 
of the state, territory, or district in which the same 
were killed, or from which they were shipped: Pro- 
vided, That nothing herein shall prevent the trans- 
portation of any dead birds or animals killed during 
the season when the same may be lawfully captured, 
and the export of which is not prohibited by law 
in the state, territory, or district in which the same 
are captured or killed: Provided further, That noth- 
ing herein shall prevent the importation, transporta- 



United States Statute*. 159 

tion, or sale of birds or bird plumage manufactured 
from the feathers of barnyard fowls. 

§ 243. All packages containing the dead bodies, or 
the plumage, or parts thereof, of game animals, or 
game or other wild birds, when shipped in inter- 
state or foreign commerce, shall be plainly and 
clearly marked, so that the name and address of 
the shipper, and the nature of the contents, may 
be readily ascertained on an inspection of the out- 
side of such package. 

§ 244. For each evasion or violation of any pro- 
vision of the three sections last preceding, the ship- 
per shall be fined not more than two hundred dol- 
lars; the consignee knowingly receiving such articles 
so shipped and transported in violation of said sec- 
tions shall be fined not more than two hundred dol- 
lars; and the carrier knowingly carrying or trans- 
porting the same in violation of said sections shall 
be fined not more than two hundred dollars. 

The above sections 241, 242, 243, 244 take the 
place of sections 2, 3 and 4 of the Lacey Act. 

FEDERAL LAW FOR THE PROTECTION OP 
MIGRATORY BIRDS. 

[37 Stat., 847.] 

[Extract from an Act making appropriations for the- 
Department of Agriculture for the fiscal year 
ending June 30, 1914.] 

Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America in Con- 



iGO United States Statutes. 

gress assembled, All wild geese, wild swans, brant, 
wild ducks, snipe, plover, woodcock, rail, wild pigeons, 
and all other migratory game and insectivorous birds 
which in their northern and southern migrations pass 
through or do not remain permanently the entire 
year within the borders of any State or Territory, 
shall hereafter be deemed to be within the custody 
*ind protection of the Government of the United 
States, and shall not be destroyed or taken contrary 
to regulations hereinafter provided therefor. 

The Department of Agriculture is hereby author- 
ized and directed to adopt suitable regulations to 
give effect to the previous paragraph by prescribing 
and fixing closed seasons, having due regard to the 
zones of temperature, breeding habits, and times and 
line of migratory flight, thereby enabling the de- 
partment to select and designate suitable districts 
for different portions of the country, and it shall be 
unlawful to shoot or by any device kill or seize and 
.capture migratory birds within the protection of 
this law during said closed seasons, and any person 
who shall violate any of the provisions or regula- 
tions of this law for the protection of migratory 
birds shall be guilty of a misdemeanor and shall 
be fined not more than $100 or imprisoned not more 
than ninety days, or both, in the discretion of the 
tourt. 

1 ue Department of Agriculture, after the prepara- 
tion of said regulations, shall cause the same to be 
made public, and shall allow a period of three 



United States Statutes. 161 

months in which said regulations may be examined 
and considered before final adoption, permitting, 
when deemed proper, public hearings thereon, and 
after final adoption shall cause the same to be en- 
grossed and submitted to the President of the 
United States for approval: Provided, however, That 
nothing herein contained shall be deemed to affect 
or interfere with the local laws of the States and 
Territories for the protection of nonmigratory game 
or other birds resident and breeding within their 
borders, nor to prevent the States and Territories 
from enacting laws and regulations to promote and 
render efficient the regulations of the Department of 
Agriculture provided under this statute. 

Approved, March 4, 1913. 
6 



PLUMAGE PROVISION IN THE TARIFF 
ACT OF 1913. — 



[38 Stat., 148, 155.] 

Ch. 16. — AN ACT to reduce tariff duties and to pro- 
vide revenue for the Government, and for other 
purposes. 

Paragraph 347. Feathers and downs, on the skin 
or otherwise, crude or not dressed, colored, or other- 
wise advanced or manufactured in any manner, not 
specially provided for in this section, 20 per centum 
ad valorem; when dressed, colored, or otherwise ad- 
vanced or manufactured in any manner, and not 
suitable for use as millinery ornaments, including 
quilts of down and manufactures of down, 40 per 
centum ad valorem; artificial or ornamental featheri 
suitable for use as millinery ornaments, artificial and 
ornamental fruits, grains, leaves, flowers, and stems 
or parts thereof, of whatever material composed, not 
specially provided for in this section, 60 per centum 
ad valorem; boas, boutonnieres, wreaths, and all 
articles not specially provided for in this sectioi 
composed wholly or in chief value of any of tin 
feathers, flowers, leaves, or other material hereii 
mentioned, 60 per centum ad valorem: Providet 

[162] 



Plumage Provision in the Tariff Act of 1913. 163 

That the importation of aigrettes, egret plumes or 
so-called osprey plumes, and the feathers, quills, 
heads, wings, tails, skins, or parts of skins, of wild 
birds, either raw or manufactured, and not for scien- 
tific or educational purposes, is hereby prohibited; 
but this provision shall not apply to the f cithers or 
plumes of ostriches, or to the feathers or plumes of 
domestic fowls of any kind. 

Paragraph 227. Venison, and other game, IV2 cents 
per pound; game birds, dressed, 30 per centum ad 
valorem. 

Free List: 

Paragraph 478. Eggs of poultry, birds, fish, and 
insects (except fish roe preserved for food purposes): 
Provided, however, That the importation of eggs of 
game birds or eggs not used for food, except speci- 
mens for scientific collections, is prohibited: Pro- 
vided further, That the importation of eggs of game 
birds for purposes of propagation is hereby author- 
ized, under rules and regulations to be prescribed by 
the Secretary of the Treasury. 

Paragraph 416. Birds and land and water fowls, 
not specially provided for in this section. 



MIGRATORY BIRD LAW. 



The open seasons for migratory birds pursuant 
to the Federal Migratory Bird Regulations at the 
time of publishing these laws conform to the open 
seasons as provided by the New York State Laws. 

Federal regulations, however, are subject to change 
subsequent to date of this publication. 

U64] 



PART II. 
COURT PROCEDURE. 



UNDER THE 



CONSERVATION LAW, AS AMENDED BY 
CHAPTER 444, LAWS OF 1912.' 



§ 26. Actions for penalties. Actions for penalties 
for violations of any provision of this chapter shall 
be in the name of the " People of the State of New 
York; " and must be brought on the order of the 
commission, and may be compromised, settled ami 
discontinued as provided in section nine of this 
chapter. Such actions, if in justices' courts, may bo 
brought in any town of the county in which the 
penalty is incurred, or, if the defendant resides in 
another county, in any town of the county in which 
the defendant resides. 

§ 27. Costs in actions by the people. In case of 
recovery of any amount in an action brought, for a 
p«' l*y under this chapter or in any action author- 
ized by this chapter, in any court of record the 
penn'^ -hit!! c entitled to recover full »-osts, of 
course and at the rates as provided for by nectioa 

lies] 



166 Court Procedure. 

thirty-two hundred and fifty-one of the code of civil 
procedure, together with witnesses' fees and other 
disbursements. 

[As amended by chapter 554, Laws of 1915.] 
§ 28. Judgments; how enforced. Judgments re- 
covered under this chapter may be enforced by exe- 
cution against the person as provided by the code of 
civil procedure. A person taken into custody upon 
such an execution shall not be admitted to the liber- 
ties of the jail and shall be confined for not less 
than one day, and at the rate of one day for each 
dollar of the amount of the judgment recovered. No 
person shall be imprisoned more than once, or for 
more than six months on the same judgment. Im- 
prisonment shall not operate to satisfy a judgment. 

§ 29. Proceeds of actions under article five — 
moieties. Moneys received in an action for a penalty 
brought under article five of this chapter, or upon 
the settlement or compromise thereof, and fines for 
violations of any of the provisions of said article 

shall be paid within thirty days after the receipt 
thereof to the commission. The commission shall 
apply so much thereof as may be necessary to the 
payment of the expenses of collection and shall pay 
one-half of the balance, in cases brought by special 
game protectors, to the special game protector upon 
whose information the action was brought. Regular 
protectors shall not receive moieties. The commis- 
sion in its discretion may settle or compromise any 
action to recover any penalty provided for in said 



Court Procedure. Yfl 

articles, or a cause of action therefor, at such sum 
as it may deem advantageous to the state. The com- 
mission may, out of moneys arising from such fines 
or penalties, pay the fees of magistrates and con- 
stables for services performed in criminal actions 
brought upon information of a game protector, dis- 
trict forest ranger, forest ranger or firewarden. 
[As amended by chapter 521, Laws of 1916.] 

§ 30. Proceeds of actions under article four. 
Moneys received in actions for penalties brought 
under article four of this chapter shall be paid to 
the commission, who shall apply so much thereof as 
may be necessary to the payment of the expenses 
of collections. The balance of such receipts shall be 
available for enforcing the various provisions of law 
for the protection of forests against fire. 

§ 31. Jurisdiction of courts in criminal cases. Sub- 
ject to the power of removal provided in the code of 
criminal procedure, courts of special sessions and 
police courts shall have, in the first instance, juris- 
diction of offenses committed under this chapter, 
provided, however, that an action before a justice 
of the peace shall be brought in the town in which 
the offense was committed or an adjoining town. 
A warrant shall be returnable before the magis- 
trate issuing the same. And, for the purpose of 
this chapter only, the jurisdiction of the courts 
mentioned in this section is extended as to mis- 



158 Court Procedure. 

demeanors to permit the imposition of the fines and 
sentences authorized by this chapter. 

[As amended by chapter 210, Laws of 11)19.] 
§ 32. Punishment icr misdemeanor. A person con- 
victed of a misdemeanor under this chapter, except 
as otherwise provided herein, shall be punished by 
a fine of not less than ten dollars nor more than one 
hundred dollars; except that a person convicted of 
a misdemeanor under section three hundred and 
eighteen of this chapter shall be punished by a fine 
of not less than fifty dollars nor more than one hun- 
dred dollars; and if such fine is not paid, he 
shall be imprisoned in a county jail or penitentiary 
until such fine is satisfied; which imprisonment shall 
be at the rate of one day for every dollar of such 
fine; if any person be convicted a second time of a 
misdemeanor under this chapter, except as otherwise 
provided herein, he shall be punished either by a fine 
of not less than twenty-five dollars nor more than 
one hundred and fifty dollars; or by imprisonment 
in a county jail or penitentiary for not more than 
one hundred days, or by both such fine and imprison- 
ment; if a fine imposed be not paid, he shall be 
imprisoned in a county jail or penitentiary until 
such fine is satisfied, which imprisonment shall be at 
the rate of one day for every dollar of such fine; 
if a person shall be convicted a third time of a mis- 
demeanor under this chapter, unless otherwise pro- 
vided herein, he shall be punished by imprisonment 
in a county jail or penitentiary for not less than ten 
days nor more than six months; and by a fine of 



Court Procedure. 169 

not less than ten dollars nor more than one hundred 

dollars; and if the fine imposed be not paid, he shall 

be imprisoned in a county jail or penitentiary until 

such fine is satisfied; which imprisonment shall be 

at the rate of one day for every dollar of such fine- 

and shall be in addition to the prison sentence. 

[As> amended by chapter 92, Laws of 1914 ; chapter 
521, Laws of 191G, and chapter 39, Laws of 1919.] 

§ 33. Rules and regulations; violations of, a mis- 
demeanor. Rules and regulations established by the 
commission for the enforcement of the provisions of 
article four of this chapter shall be entered by the 
commission in its book of minutes and at least three 
copies thereof posted in public places in the towns 
in which such rules and regulations apply, at least 
thirty days before the same shall take effect. 

Any person who violates any provision of any rule 
or regulation so established by the commission, pur- 
suant to the provisions of this section shall be guilty 
of a misdemeanor and shaM, upon conviction, be sub- 
ject to a fine of not to exceed one hundred dollars or 
imprisonment for not more than thirty days or by 
both such fine and imprisonment. 

§ 34. Search warrants; when issued. Any justice- 
of the peace, police justice, county judge, judge of a 
city court or magistrate having criminal jurisdiction 
shall, if it appear probable that fish, birds, or game- 
taken or possessed contrary to the provisions of 
article five of this chapter are concealed, issue a 



170 Court Procedure. 

search warrant for the discovery thereof, in accord- 
ance with the practice provided in title two of part 
six of the code of criminal procedure, so far as the 
same are applicable thereto. 

§ 35. Witnesses not excused from testifying. No 
person shall be excused from testifying or producing 
any books, papers or other documents in any civil or 
criminal action, or proceeding taken or had under this 
chapter, upon the ground that his testimony might 
tend to convict him of a crime, or to subject him to 
a penalty or forfeiture. But no person shall be pros- 
ecuted, punished or subjected to any penalty or for- 
feiture for or on account of any act, transaction, 
matter or thing concerning which he shall, under 
oath, have testified or produced documentary evidence, 
and no testimony so given or produced shall be re- 
ceived against him upon any criminal investigation 
or proceeding; provided, however, that no person so 
testifying shall be exempt from prosecution or pun- 
ishment for any perjury committed by him in his 
testimony. Nothing herein contained is intended to 
give, or shall be construed as in any manner giving, 
unto any corporation, immunity of any kind. 

§ 36. Compromise of civil penalty before a court 
or justice having jurisdiction in civil actions. A 
person who has violated any of the provisions of this 
chapter and who desires to compromise and settle 
his civil liability therefor may appear with any 
regular or special game protector, fisheries protector, 



Court Procedure. 171 

fire superintendent, forest ranger or inspector, be- 
fore a court or justice having jurisdiction in civil 
actions, and thereupon such person may, upon the 
consent of the representative of the conservation 
commission appearing, compromise and settle his 
liability for civil penalties under this chapter, for 
an amount agreed upon between said court or 
justice, the representative of the conservation com- 
mission and the person who committed such viola- 
tion, which amount shall be not less than ten dol- 
lars nor more than the amount for which such per- 
son would be liable in a civil action for penalties. 
If such compromise be made, such person shall 
forthwith subscribe his name to a statement setting 
forth concisely the facts constituting such violation, 
the amount agreed upon, and that a judgment may 
be entered against him for that sum. Upon said 
statement being sworn to before and filed with said 
court or justice, he shall forthwith enter in hia 
civil docket a record of the proceedings and the 
amount of the judgment. 

Said court or justice shall upon the entry of 
such judgment be entitled to a fee of one dollar and 
fifty cents to be paid by the person who committed 
such violation. 

A judgment entered as provided herein may be 
enforced by an execution against the property of the 
defendant; but no body execution shall issue 
thereon. Such judgment shall be a bar to a criminal 



172 Court Procedure. 

action for the same violation, if satisfied within 
thirty days from the date of the entry thereof. 

§ 37. Certificate by court or justice. The court 
or justice before whom any person shall be tried or 
before whom a compromise of the civil penalties 
for a violation of any provision of this chapter shall 
have been made, or the clerk of the court, if there 
be a clerk, shall, at the termination of such trial or 
proceeding, forthwith mail or deliver to the con- 
servation commission at Albany a certified state- 
ment of the disposition of the case or proceeding, 
giving the date thereof, the name of the defendant, 
the name of the person upon whose information the 
action or proceeding w T as instituted, the date and 
place of the violation, the name of each witness 
sworn in support of the charges and the costs of 
the court or fees of the justice, and the fees of the 
constable, if any. 

['Added by chapter 486, Laws of 1917.] 



GENERAL REGULATIONS COVERING 
THE USE OF STATE LANDS 



The following rules and regulations are of general 
application to the State land under the jurisdiction 
of the Conservation Commission, and are to govern 
all of those who make use of this land. Regulations 
of special or local application may be adopted from 
time to time: 

1. No fires except for cooking, warmth or smudge 
purposes are permitted. No fire shall be lighted 
until all inflammable material is removed to prevent 
its spread. 

2. Lighted matches, cigars, or cigarettes or burn- 
ing tobacco must not be deposited or left where they 
may cause fires. 

3. No official sign posted or structure maintained 
under permit shall be defaced. Peeling of bark or 
injuring trees is prohibited. Dead or down wood 
may be used for fuel by temporary campers. 

4. Camps and adjacent grounds must be main- 
tained in a clean and sanitary condition. Garbage 
and refuse must be either buried, removed or burned. 
Waste materials must not be thrown into the waters, 
or waters polluted. 

5. Each camper on islands of Lake George, St. 
Lawrence Reservation or other much frequented 

[173] 



174 Information Relating to Lands and Forests. 

places, must provide a plentiful supply of chloride 
of lime and dirt, for disinfecting and covering 
any latrine used by him. All latrines must be 
cleaned and the contents burned or buried at fre- 
quent intervals, in such manner as to prevent offen- 
sive odors, and above all to AVOID POLLUTION 
OF THE WATER SUPPLY. 

6. Canvas tents without platforms for use during 
short periods may be placed without a permit, but 
not in a trail or within 150 feet of any spring used 
for water supply. 

7. No tents (except those described under rule 6) 
or wooden structures shall be erected, or maintained, 
except under written permission. Tar paper shall 
not be used, except for roofs of open camps erected 
under a permit. Structures erected under (a), (b) 
or (c) become the property of the State. The struc- 
tures for which permits may be granted are as 
follows: 

(a) Open camps for transient use not to be occu- 
pied by the same person or persons more than three 
nights in succession or more than ten nights in any 
year. 

(b) Open camps for use of campers, hunters or 
fishermen may be occupied for reasonable periods. 

(c) Permanent tent platforms for summer camp- 
ing purposes. Permit granted to use while occupied 
in good faith. Platform to be left for future use. 
When not in use permits may be given others to use. 



Information Relating to Lands and Forests. 175 

(d) Temporary tent platforms for summer camp- 
ing. The platform to be erected and removed simul- 
taneously with the tent. 

(e) Portable canvas houses for summer camping. 

8. No one may claim any particular site from year 
to year or the exclusive use of the same. 

9. The use of the forest preserve or the improve- 
ments thereon for private revenue or commercial 
purposes is prohibited. 

10. Any unoccupied tent or structure may be 
removed by the Commission. 

11. At St. Lawrence Reservation, where fireplaces 
are provided, fires must not be kindled elsewhere, 
nor shall tents on these islands be pitched less than 
200 feet from any public fireplace or boat landing. 

12. No boat is entitled to the exclusive use of any 
dock built by the State. There must be free access 
for boats at all times. 

13. Dancing in any building ejected by the State 
is prohibited. 

14. All campers will be held responsible for com 
pliance with these rules, and any person responsible 
for injury of State property will be held liable for 
damages and penalties. 



CONSERVATION LAW. 



INDEX— FISH AND GAME. 



A. Sec. Paoh 

Actions for penalties 26 165 

Additional protection, orders 135 

Additional protection, powers to grant. 152 9 

Additional protection, notice of hearing 152 8 

Aliens. (See hunting licenses Sec 185) 31 

American coots, open season, limit of take 213 55 

Anatidea of water fowl; open season; limit; manner of 

taking; possession 211-212 52-53 

denned 210 52 

Angling, defined 380 131 

Angling licenses, non-resident 188 39 

Animals, importation, federal regulations 155 

scientific collections, importation for 162 

transportation, federal regulations 155 

Antelope, no open season 194 47 

transportation and possession when killed in 

private park 194 47 

Antwerp pigeons, interference with prohibited 218 58 

Application of article V 381 133 

Article V, application 381 133 

construction 382 134 

Automobile, game not to be taken from 222-a 60 

B. 

Bacteriologist, sanitary inspection of shellfish 

grounds; report 310 97 

Bait lines, regulations when used for taking sturgeon. . . . 146 

Banded pickerel, terms pickerel and pike include. . . . 380 131 
Bass. 

black, additional protection in Lake Erie and 

Niagara river 130 

[177] 



178 Index — Fish and Game 



i — Continued: Sec. Pagb. 
black, additional protection in Schroon and 
Paradox Lakes, Lake Erie, Niagara 
River, Lake Bonaparte, Lake? Pleas- 
ant and Sacandaga and Grass Lake 135 

additional protection in waters of towns of 
Chester, Horicon and Johnsburg, Warren 

county 135 

Chaumont bay, not to be taken with nets in. 278 80 
Lakes Erie and Ontario, not to be taken 

with nets in 276 79 

open season in Lake George 241-a 68 

open season; size of catch; limit. . 231 63 

spawn, taking from beds prohib'ted 243 69 

spawning, disturbing prohibited. . 243 69 

striped, nets, taking with permitted 240-271 68-77 

sale 240 68 

size limit 240 68 

taken without the State, possession in closed 

season regulated 370 119 

Black bass, term includes Oswego bass 380 131 

Beaver, power of Commission to acquire 157 12 

taking, possessing, or molesting, prohibited 197 49 

Biological stations, supervision of Conservation Com- 

" mission 150 7 

Birds. (See Game, names of individual birds.) 

additional protection orders 135-136 

anatidae defined 210 52 

open season, limit of take, manner of taking. 211 52 
bittern, nests, destroying or robbing not prohib- 
ited 220 59 

not protected 219 58 

bodies imported into State, subject to State laws 156 

cats, hunting or killing, to be destroyed 193-b 46 

eggs, license to collect or possess 159 13 

federal laws 155-161 

gallinae defined 210 52 

or en season, limit of take 214 55 

possession of 214 55 



Index — Fish and Game. 179 

Birds — Continued: Sec. Page. 

game birds, defined 210 52 

highways, not to be taken on 222 60 

importation, federal regulation 155-161 

imported, fee? for tagging 374 126 

subject to S ate laws 155-161 

injurious, importation prohibited 155-161 

insectivorous, federal law tor protection 155-161 

lands used by municipality for water supply, not 

to be taken on 222 60 

license to collect or possess 159 13 

limicolae, defined 210 52 

open season; limit of take 216 57 

possession of 216 57 

manner of taking 212 53 

migratory, federal law for protection 159-161 

federal regulations and State law 164 

nets prohibited 221 59 

not protected 219 58 

ownership in the State 175 22 

plumage imported into Slate, subject to State 

laws 155-159 

plumage of birds protected, sale prohibited 219 58 

plumage provisions on the tariff ai-i ot 1913 162 

power of Commission to take 158 13 

protected 219 53 

protection, enforcement of laws 150 7 

rallidae, defined 210 52 

open season limit of take 213 55 

refuges 153 10 

sale of certain, prohibited 180 28 

Bale of plumage of birds protected, prohibited. . . 219 58 

scientific collections, importation for. 157 

secretary of agriculture, duties 155-161 

skins and bodies of birds protected 219 58 

Sale prohibited, exception to 219 58 

snares, prohibited 221 59 

taking, method of, restricted 177 23 

transportation, federal regulations 155—161 



180 Index — Fish and Game. 

Birds — Continued : Sec. Pagb. 

traps, prohibited 221 59 

upland game birds, open season; limit of take. . . 215 56 
water fowl, open season, limit ot take, manner of 

taking 211, 212 52,53 

wild birds protected 219 58 

certain not protected 219 58 

Blue point oysters 315 103 

I lue pike perch, size, possession, sale 286 66 

Box turtle, taking, killing or sale prohibited 202 51 

Brant, federal law, for protection 155-161 

open season; manner of taking 211, 212 52, 53 

possession of 211 52 

Breeding of game 372 120 

Rrookhaven, free bay oyster lands exempt from fee 

for sanitary inspection 312 99 

Brook trout, term trout includes 380 130 

additional protection. Towns of Fine, Clifton 

and Colton, St. Lawrence county 136 

Brown trout, term trout includes 380 130 

Bullfrogs, open season 257 76 

Bullheads. Lake George, open season 241-a 6S 

set and trap lines, taking with 254 74 

spears and snatch hooks, taking with 255 74 

tip-ups, taking with 253 73 

Butterheld Lake, Jefferson county, all fish, additional 

protection to 135 

C. 

Caribou, no open season 194 47 

transportation and possession when killed in 

private park 194 47 

Carp, placing in public water* and use of bait, pro- 
hibited 250 72 

set and trap lines, taking with 254 . 74 

spears and snatch hooks, takingr with 255 74 

Catfish, set and trap lines, taking with 254 74 

spears and snatch hooks, taking with 255 74 

tip-ups, taking with 253 73 



Index — Fish and Game. 181. 

Sec. Page.. 

Cats, hunting or killing birds to be destroyed 193b 46 

Certificate by court or justice 37 172 

Chain pickerel, terms pickerel and pike include 380 131 

Chaumont bay, use of nets in , 278 80, 

Chester, town of, additional protection to black bass 

in waters of 135 

certain birds protected 219 58 

certain birds not protected 219 58 

Chinese pheasants, term pheasants includes 380 131. 

City and town clerks, duties; powers 185 32; 

Clams, beds protected 316 IC3S 

term shellfish includes 3S0 131 

Close season, defined 380 1 2ft 

Commission, defined 380 i29> 

Common Carriers, Transportation regulated 178 24 

Compilation of fish and game law, publication and 

distribution 160 15 

Compromise of civil penalty 36 170 

Coney Island Creek, nets, size of mesh 331 11 1 

Conservation Commission, defined 380 119 

disposal, of game, fish and devices seized 154 11 

duties in general 150 7 

employees, terms of present not affected 382 lo4 

fish, general powers and duties as to 150 7 

game, general powers and duties as to 150 7 

nets, licensing 270 77 

powers in general 150 7 

power to take fish 155 12 

rules and regulations 137-154 

amendment; abrogation; penalties; con- 
struction 153 

Constables, powers under fish and game law 172 21 

Construction of article V 382 131 

County Clerks; duties, powers, fees, reimbursements. 185-32-33-38 

Court procedure 165-172 

actions for penalty 26 165 

costs in actions by the people 27 165 

\ judgments; how enforced 28 166. 



182 Index — Fish and Game. 

Court procedure — Continued: Sec. Page. 

proceeds of actions under article V 29 166 

proceeds of actions under article IV 30 167 

jurisdiction of courts in criminal cases 31 167 

punishment for misdemeanor 32 168 

rules and regulations ; violations of, a misdemeanor 33 1 69 

search warrants; when issued 34 169 

witnesses not excused from testifying 35 170 

compromise of civil penalties 36 170 

certificate by court or justice 37 172 

Ci abs taking restricted 321 106 

Crow, nests, destroying or robbing not prohibited . . . 220 59 

not protected 219 58 

Crow-blackbird, nests, destroying or robbing pro- 
hibited 220 59 

protected 219 58 

Costs in actions 27 165 

Curlews, open season; limit of take 216 57 

possession of 216 57 

Crustacea, supervision of 150 7 

D. 

Damaging fences by hunters and fisherman 183 31 

Dams, construction, notice to be given Commission. . 290 83 

construction of fishways in 291 84 

Deer. 

breeding, license; revocation of license 372 120-125 

manner of killing 372 121 

preserves to be fenced 372 125 

reports 372 124 

sale regulated 372 123 

tagging 372 ' 122 

transportation 372 123 

Deerpark, open season in 192 44 

devices, certain prohibited in taking 190 43 

dogs not to be harbored in forests inhabited by 

deer 193 45 

use of in hunting, prohibited 190 43 

European red, importation and sale of carcasses 

regulated 373-377 125-127 



Index — Fish and Game. 183 

Deer — Continued: Sec. Page 
'allow, importation and sale of carcasses 

regulated 373-377 125-127 

roebuck, importation and sale of carcasses, 

regulated 377 127 

whitetail, importation and sale of carcasses, 

regulated 377 127 

imported, fees for tagging 374 126 

limit of take 190 43 

manner of taking 190 43 

open season 190, 192 42, 44 

in certain localities 192 44 

possession, regulated 191 43 

power of commission to acquire 157 12 

reindeer, importation and sale of carcasses, regu- 
lated. . 373 125 

roebuck, importation and sale of carcasses, regu- 
lated 373 125 

Sullivan county, open season in certain towns . . 192 44 

transportation 190 43 

Ulster county, open season in certain towns. . . . 192 44 

wild deer, term includes what 380 130 

Definitions 380 129-134 

Delaware river, use of nets in 279 81 

Dip nets, term nets includes 380 132 

Dogfish, set and trap lines, taking with 254 74 

spears and snatch hooks, taking with 255 74 

Dogs, deer, use of in hunting, prohibited 190 43 

may be trained 193-a 46 

to be licensed 193 45 

possession in forests inhabited by doer or in 

Adirondack or Catskill parks, prohibited 193 45 

lse of in taking birds and quadrupeds 177 23 

used to run field trials 177 23 

when at large, defined 380 133 

Dredges, use of regulated 317 104 

Ducks, breeding, revocation of license 372 120 

federal law for protection 155-161 

manner of killing 372 121 



184 Index — Fish and Game. 

Ducks — Continued: Sec Page. 

mamier of taking 211, 212 52,53 

open season 211, 212 52, 53 

reports 372 121 

sale regulated 372 123 

tagging 372 122 

mallard and black, importation and sale of car- 
casses regulated 377 127 

E. 

Eel pots and weirs, fish taken to be returned to waters. . . . 145 

license for use 256 75 

rules and regulations of Conservation Com- 
mission 137-154 

size and construction 145 

tagging 145 

use restricted 176 23 

Eels, . amaica bay, taking in, permitted with spear 

or weir 330 110 

set and trap lines, takin \ with 254 74 

spears and snatch hooks taking with 255 74 

use of tip-ups in taking 253 73 

Egyptian quail, importation and sale regulated 373 125 

Elk, acquisition by Conservation Commission 157 12 

breeding, license; revocation of license 372 120-125 

manner of killing 372 121 

no open season 194 47 

preserves to be fenced 372 125 

reports 372 124 

sale regulated 372 123 

tagging 372 122 

transportation 372 123 

transportation and possession when killed in 

private park 194 47 

American importation and sale of carcasses 

regulated 377 127 

Enforcement of law, powers of game protectors 169 19 

English pheasants, term p .easant includes 380 131 



Index — Fish and Game 185 

Sec. Page 

English sparrow, importation prohibited 1.^7 

nests, destroying or robbing not pro hibited 220 59 

not protected 219 58 

European black-game, importation and sale regu- 
lated 373 125 

European black plover, importation and sale regulated 373 125 
European red deer, importation and sale regulated 

373-377 125-127 
European red-legged partridge, importation and sale 

373-377 125-127 
Explosives, use or possession in waters, shores or 

islands, prohibited 245 70- 

Exportation of fish and game. (See Fish; Game; 

names of individual fish and game) 178 24- 

F. 

Family; immediate defined 380 133- 

Fallow deer 372, 373-377 129 

125-127 

Federal statutes 155-161 

Federal regulations, migratory birds 164 

Fences not to damaged 183 31 

Ferrets, use of regulated 196 48 

Fertilizer, licensing vessels taking fish for ma'.ing 

fertilizer 324 107 

Fire Island inlet, use of nets regulated 327 109' 

Fish. 

additional protection 152 8 

notice of prohibition or regulation 152 J> 

power of commission to grant 152 9 

conservation commission, genera powers and 

duties 150 7 

devices for taking, use restricted 176 23 

disposal when taken unintentionally in gill nets . ... 141 
eggs not to be placed in public waters inhabited 

by trout; exception 250 72 

power of commission to purchase 156 12 

explosives, taking by means of, prohibited 245 70 

supervision of Conservation Commission.. . 150 7" 



186 Index — Fish and Game. 

Fish — Continued: S«0. Page. 
fertilizer, license for vessels engaged in taking 

fish to produce 324 107 

unlawful to take for purpose of rendering into . . 324 107 

hatcheries, taking fish frurn waters of, prohibited 249 72 
fishing boats, inspection and use of by employees 

of Conservation Commission 281 82 

food fish, not to be taken for purpose of render- 
ing into oil or fertilizer 324 107 

grappling hooks taking by, regulated 255 74 

importation regulated 370 119 

supervision of Conservation Commission. . 150 7 

when lawfully salable 178 25 

when not lawlully salable 178 25 

imported, application of article V 381 133 

Lake George, open seasons in 241-a 68 

limit of take 176 23 

manner of taking 177 23 

Missisquoi bay, fish caught in not to be trans- 
ported into this State 370 119 

naked hooks, taking by, regulated 255 74 

Nassau county, power of supervisors to regulate 

taking ' 334 112 

net licenses in certain waters 137 

nets, taking with regulated 271 77 

nou-game, taking of 255-a 74 

non-resident fishing license 188 39 

non-resident vessels engaged in fishing with nets, 

licensing 324 108 

obstructing streams prohibited; removal of ob- 
struction 246 70 

oil, license for vessels engaged in taking fish to 

produce 324 107 

unlawful to take for purpose of rendering 

into 324 107 

ownership in the State 175 22 

placing in certain waters prohibited 250 70 

pollution of streams prohibited 247 71 

waters prohibited .325, 326 108-109 



Iniex — Fith and Game, 187 

Fish — Continued: Sec. Page. 

possession, penalties 182 29 

restricted 176 23 

when presumptive evidence of unlawful 

taking 181 28 

power to take 155 11 

private lakes and ponds, fish protected 365 115 

propagation, removal of fish hindering propaga- 
tion 155 11 

purposes, power of commission to take. . . . 155 11 

protection, enforcement of laws 150 7 

publication of laws relating to 160 15 

Raritan bay, to be taken in by angling only .... 329 1 10 

return to waters when taken in eel pots and weirs. . . . 145 

penalties 182 29 

restricted 176 23 

wh?n for propagation purposes 179 27 

seized, disposal of 154 1 1 

set and trap lines, taking by 254 74 

shipping permits 178 27 

snatch hooks, taking by, regulated 255 74 

spearing, taking by, regulated 255 74 

storage in close season, license, bond; regula- 
tions 375 127 

Suffolk county, power of supervisors to regulate 

taking 334 112 

superintendent of inland fisheries 271 77 

taken without the State, possession in closed 

se son regulated 370 119 

taking, penalties 182 29 

restricted 176, 177 23 

by drawing off water, prohibited 249 72 

in fish way 3 prohibited 251 73 

marine district 138 

through ice in waters inhabited by trout, 

prohibited 252 73 

term includes what 380 129 

thumping prohibited 244 70 

tip-ups, use of regulated 253 73 



188 Index — Fish and Game. 

Fish — Continued : Sec PagJB.- 

transportation 178, 179 25-27 

duties of common carriers 178 24 

penalties 1S2 29 

regulated 370 119 

restricted 176 23 

supervision of conservation commission. . . . 150 7 

when for propagath n purpose s 179 27 

when raised in private hatcheries 178 25 

undersized, traffic in prohibited 177 24 

Fish and game refuge 153 10 

Fish culturist, appointment 151 8 

salary; expenses 151 8 

Fish hatcheries, diverting water used by, prohibited. 249 72 

polluting waters used by, prohibited 2-18 71 

taking fish from waters of. prohibited 249 72 

Fishermen and hunters damaging fences 183 31 

Fishing boats, inspection and use of by employees of 

Conservation Commission , 281 >-2 

Fishways, dams, construction of f.shways in 291 84 

dams, notice of construction 290 83 

taking fish near, prohibited 251 73 

Flying foxes, importation prohibited 157 

Frogs, open season 257 76 

storage of 375 127 

Fruit bats, importation prohibited 157 

Fur bearing animals, propagation and sale of . ...... 200 50, 150 

Fyke nets, term nets includes 380 132 

G< 

Gallinae defined 210 52 

Gallinules, open season; limit of take 214 55 

Gam- 
birds defined 210 52 

additional protection 152 8 

hearings 152 8 

notice of prohibition or regulation 152 9 

orders 135 

power of commission to grant 152 9 



Index — Fish and Game. 189 

Game — Continued : Se c. Page 

conservation commission, general powers and 

duties 150 7 

domestic game, term includes what 3S0 130 

game protected by law, term includes what 3S0 130 

highways, not to be taken on 222 60 

imported, application of article V 381 133 

fees for tagging 374 126 

game, term includes what 380 130 

supervision of Conservation Commissi .n.. 150 7 
lands used by municipality for water supply, not 

be taken on 222 60 

limit of take 176 23 

manner of taking 177 24 

ownership in the State 175 22 

possession, penalties 182 29 

restricted 176 23 

when presumptive evidence of unlawful tak- 
ing 181 28 

private lands or parks, game in protected 365 115 

game protected 365 115 

publication of laws relating to 160 15 

refuges, State 368 116 

when for propagation purposes 179 27 

seized, disposal of 154 11 

shipping permits 178 27 

taking, penalties 182 29 

restricted 176, 177 23 

term includes what 380 130 

transportation 178, 179 24-27 

duties of common carriers 178 24 

penalties 182 . 29 

restricted 176 23 

supervision of Conservation Commission . . . 150 7 

when lawfully salable; transportation of . . . . 178 25 

when not lawfully salable; transportation of . 178 25 

when for propagation purposes 179 27 

raised in private preserves 178 25 



190 Index — Fish and Game. 

Game — Continued: Sec. Pagb. 

wild game, term includes what 380 130 

not to be taken from automobile 222-a 60 

Game and bird refuge 153 10 

Game farms, supervision of Conservation Commission 150 7 

Game law, compilation, number, distribution 160 15 

Game protectors, bonds 167 17 

shief game protector, report 170 21 

compensation 168 18 

inspectors, reports 170 21 

number and designation 165 16 

powers 169 19 

rating under civil service law 166 17 

rating increase 168 18 

record; of official acts 170 21 

removal and suspension 166 17 

reports 170 21 

salaries and expens°s, certification of 170 21 

special game protectors, appointment of 171 21 

Traveling expenses 168 18 

Game refuges, land owned by State 366, 366-a 116, 117 

Garbage not 1 1 be thrown into parts of Long Island 

sound 326 109 

Gardiner bay, devices allowed for taking water fowl. 212 53 

Geese, federal law for protection 155 

open season, manner of taking 211 212 52, 53 

possession of 211 52 

Gender, disregarded in construing this article 380 129 

General regulation covering use of State lands 173-175 

Gill nets, term nets includes 380 132 

Grappling hooks, taking fish by, regulate 1 255 74 

use restricted 176 23 

Grass Lake, all fish, ad litianal protection 135 

Grass pickerel, terms pickerel and pilce include 380 13'. 

Great Blue Heron, not protected 219 53 

nest destroying or robbing not prohibited 220 5) 

Great gray owl not protected 219 58 

nests, destroying or robbing not protected 220 53 



Index — Fish and Game. 191 

Sec. Page. 
Great horned owl, nests, destroying or robbing not 

prohibited 220 59 

not protected 219 58 

Great northern pike, Lake George, open season 241-a 68 

additional protection, Red Lake, Hyde Lake, 

Moon Lake, Muscalonge Lake 135 

term pickerel includes 380 131 

term pike includes 380 131 

Great South bay, devices allowed for taking water 

fowl 212 53 

Green frogs, open season 257 76 

Grouse 

open season, limit of take 214, 215 55, 56 

possession of 211 52 

Scotch, importation and sale regulated 373 125 

taking with net, trap or snare, prohibited 221 59 

term includes what 380 130 

Guides' licenses, regulations 186 38 

H 

Hares, breeding of for food purposes 196 48 

errets. use of prohibited 196 48 

limit of take 196 48 

open season 196 48 

owners or occupants of lands, taking by 196 48 

sale regulated 196 48 

Harlem river, use of nets prohibited 328 109 

Hatching stations, supervision of Conservation Com- 
mission 150 7 

Hawk, nests, destroying or robbing not prohibited. . . 220 59 

not protected 219 58 

Health, State commissioner of, designation of sanitary 

inspectors to inspect shellfish grounds 311 99 

Hearings, notice of additional protection; power to 

grant, publication 152 8 

Herring, nets, taking with permitted 271 77 

Homing pigeons, interference with prohibited 218 58 

Hooking, defined 380 131 



192 Index — Fish and Game. 

Seo. Paqb. 
Honcon, additional protection to black bass in waters 

of town of 135 

Hudson river, net regulations 280 81, 137 

use of nets in 279 81 

Hungarian dark-necked pheasants, term pheasants 

includes 380 131 

Hungarian or European grey legged partridge, no 

open season 214 55 

Hunters and fishermen damaging fences 183 31 

Hunting, defined 380 133 

Hunting licenses, regulations 185 31 

I. 

Icefish, Lake Champlain, taking in 241 68 

nets, taking with permitted 271 77 

open season; size limit 241 68 

sale 241 68 

.jnmediate family defined 380 133 

Importation of fish and game. (See Birds; Fish; 
Game; Individual Names of Birds, Fish and Quad- 
rupeds) 178-373 26-125 

Inhabited, term defined 380 132 

Importation license expiration and fee 152 

Inspectors, reports, duties 170 21 

J. 

Jamaica bay, use of nets regulated 330 110 

Johnsburg, additional protection to black bass in 

waters of town of 135 

Jones' inlet, us of nets regulated 327, 332 109, 111 

Judgments; how enforced 28 166 

Jurisdiction of courts in criminal cases 31 167 

K 

Kingfisher, l }3ts, destroying or robbing not prohibited 220 59 

not protected 219 58 

L. 
Lace act 155-159 

Lakj Champlain. (See Missisquoi bay.) 



Index — Fish and Game. 193 

Sec. Page. 
Lake Bonaparte, small mouth black bass, additional 

protection 135 

Lake Erie, black bass, additional protection 135 

lake trout, eggs and milt to be furnished 

commission 235 65 

license to take with net operated from power 

boat 235 65 

open season; size limit 235 65 

sale 235 65 

saugers and blue pike perch, size, posses- 
sion, sale 236 66 

nel licenses, schedule of fees 142-144 

nets, application of regulations 280 82 

rules and regulations 137-154 

taking fish with 276 79 

whitefish, eggs and milt to be furnished commis- 
sion 235 65 

license to take with net operated from power 

boat 235 65 

open season 235 65 

sale 235 65 

Lake George, taking fish in, open seasons 241-a 68 

Lake Ontario. 

lake trout, eggs and milt to be furnished commis- 
sion 235 65 

license to take with net operated from power 

boat 235 65 

lake trout, open season 235 65 

sale 235 G5 

saugers and blue pike perch, size, posses- 
sion, sale 236 66 

net licenses, schedule of fees 142-144 

nets, application of regulations 280 82 

rules and regulations 137-154 

taking fish with 276 79 



194 Index — Fish and Game. 

Lake Ontario — Continued: Sec. Page. 
whitefish, eggs and milt to be furnished commis- 
sion 235 65 

license to take with net operated from power 

boat 235 65 

open season 235 65 

sale 235 65 

Lake sturgeon, open season; sizes 238 67 

Lake trout, eggs, taking from lake trout in public 

waters for breeding purposes 242 69 

imported, possession and sale permitted. 235 65 

Lakes Erie and Ontario, eggs and milt to be fur- 
nished commission 235 65 

license to take with net operated from power 

boat 235 65 

open season 235 65 

sale 235 65 

Lake George, open season 241-a 68 

nets for taking, size of mesh 272 78 

open season; size of catch 234 64 

sale 234 64 

spawn, taking from beds prohibited 243 69 

. spawning, disturbing, prohibited 243 69 

stocking private ponds or streams from public 

waters, prohibited 212 69 

taken without the State, possession in closed 

season regulated 370 1 19 

term includes what 380 131 

Landlocked salmon, term lake trout includes 3S0 131 

Land turtles, taking, killing or sale prohibited 202 51 

Lands, enclosed, how boundary may be indicated. . . 380 132 

Lands owned by state; refuge 366 116 

under water, control of 150 7 

wholly enclosed, how boundary may be indicated 380 132 

Laws, compilation, number, distribution 160 15 

Licenses, breeding of elk, deer, pheasants and ducks. 372 120 
collection or possession of quadrupeds, birds and 

birds' eggs 159 13 



Index — Fish and Uame. 195 

Licenses — Continued: Sec. Page 

dog 193 45 

eel pots and weirs, schedule of fees 145 

use of 256 75 

grant by Conservation Commission.. 150 8 

Guides' licenses 1S6 38 

hare and rabbit breeding 196 48 

hunting and trapping, alteration prohibited 185 36 

button to be worn when hunting 185 34 

carrying and exhibiting 185 34 

city and town clerics, fee 185 33 

county clerks reimbursed for expenses 185 3S 

disposition of fees 185 33 

reports 185 37 

exception as to owners and occupants of farm 

lands 185 35 

false statement, penalty 185 32 

fees 185 3:4 

form 185 37 

non-resident 185 33 

powers under 1S5 34 

procured from 1S5 32 

prosecutions 185 36 

resident 1S5 33 

termination 1S5 35 

non-resident fishing 18S 39 

importation of fish and game 178 26 

Lakes Erie and Ontario, license to take lake trout 
and whitefish in nets operated from power 

boat 235 65 

lobster, issuance to non-residents 323 1{J8 

net, application for; return of tags; duration; 

revocation; not transferable; exhibition 138 

fees schedule 142-144 

use of 270 77 

non-resident vessels engaged in fishing with nets 324 107 

skunk propagation and sale 200 50, 150 

storage of fish in close season 375 127 



196 m Index — Fish and Game. 

Licenses — Continued: Sec. Page 

taking minnows for bait for sale, bond 147 

venison, possession in close season 151 

vessels fishing with nets for purpose of making 

oil or fertilizer from fish taken 324 107 

Limicolae, denned 210 52 

Lemicolae or shore birds; open season; limit 216 57 

Lobsters, female in spawn not to be taken 321 105 

licenses issued to non-residents; regulations 323 106 

residents only permitted to take; certain waters 

excepted 323 1C6 

size limit 321 105 

traps, size of openings 322 106 

Long Island sound, devices allowed for taking water 

fowl 212 53 

refuse not to be thrown into certain parts 326 109 

use of nets, in parts of, prohibited. - -- 328 109 



M. 

McLean act 159 

Marine district, described 300 86 

Marine fisheries. (See Marine district; Marine 
fisheries. Bureau of; Shellfish; Supervisor of 
marine fisheries.) 

Marine fisheries, Bureau of 301 86 

deputy supervisor 302 86 

office and clerical force 302 86 

shellfish, reports relating to 303 87 

supervisor, appointment 301 86 

duties 301 86 

reports 303 8S 

Maskalonge, Chaumont bay, not to be taken with 

nets in 278 80 

Lakes Erie and Ontario, not to be taken with 

nets in 276 79 



Index — Fish and Game. 197 

Maskalonge — Continued: Sec. Page 

open season, size limit 239 68 

sale 239 68 

taking through ice prohibited 239 68 

Mink, open season 198 49 

Minnows, Jamaica bay, may be taken in by hand nets 330 110 

license to take for bait 230 63 

not to be taken in waters inhabited by trout. . . 230 63 

taking for bait for sale, regulations 147 

in St. Lawrence river, regulated 230 63 

Missisquoi bay, fish caught in, not to be transported 

into this State 370 1 19 

Mongolian pheasants, term pheasants includes 380 131 

Mongoose, importation, prohibited 157 

Moose, no open season 194 47 

power of Commission to acquire 157 12 

transportation and possession when killed in 

private park 194 47 

Mud hens, open season; limit of take 213 £5 

Mullet, set and trap fines, taking with 254 74 

spears and snatch hooks, taking with 255 74 

Municipal water supply, lands used for game not to 

be taken on 222 60 

Muskalonge. (See Maskalonge.) 

Muskrat, houses not to be injured 201 50 

open season 201 50 

taking of by shooting prohibited 201 50 

N. 

Naked hooks . 176 23 

taking fish by, regulated 255 74 

Nassau county, power of supervisors to regulate tak- 
ing of fish and shellfish 334 112 

Nests, robbing or destroying, prohibited; exceptions 220 59 

Nets, application of regulation to certain waters. . . . 280 82 

birds, taking in nets, prohibited 221 59 

buoying required 274 78 



198 Index — Fish and Oame. 

Nets — Continued: Sac. Pa««. 

Chaumont bay, use in 278 80 

Coney Island creek, size of mesh 331 111 

Delaware river, use in 279 81 

destroyed by game protector 282 82 

expense a county charge 283 83 

when used for taking birds 221 59 

disposal of fish taken unintentionally in gill nets . . . 141 

East river, use of nets in parts of, regulated. . . . 328 109 

Far Rockaway bay, Jones' inlet, use in, regulated. 332 111 

fees 143 

Fire Island inlet, use in, regulated 327 109 

Harlem river, use in, prohibited 328 109 

Hudson river, use in 279 81 

Jamaica bay and adjacent waters, use in, regu- 
lated 330 110 

Jones' inlet and Rockaway bay, use in, regu- 
lated 327, 332 109-111 

Lake Erie, use in 276 79 

Lakes Erie and Ontario, license to take lake trout 

and whitefish in nets operated from power boat 235 65 

Lake Ontario, use in 276 79 

.licensing 270 77 

location, restricted 139 

Long Island sound, use of in parts of, prohibited 328 109 

mesh, size of 272 78 

size fixed 141 

size to be fixed by Conservation Commission . . . 138 
size of, supervision of Conservation Com- 
mission 150 -7 

r minnow, size limited 147 

Niagara river, use in 277 80 

public nuisances 282 82 

regulations to apply to what waters 280 82 

reports of fish taken 141 

Rockaway inlet, use in, regulated 327 109 

rules and regulations of Conservation Com- 
mission 137-1§! 



Index — Fish and Game 199 

Nets — Continued: Sec. Page 

seizure of, expense a county charge 283 83 

superintendent of inland fisheries to supervise use 271 77 

tagging 140 

required 274 78 

term includes what 3S0 132 

time of hauling, regulated 273 78 

to be sold; when 282 82 

use, restricted 176 23 

in waters inhabited by trout, prohibited .... 275 79 

to be regulated by Conservation Commission 270 77 

when to be seized 2S2 82 

Zack's inlet, use in, regulated 327 109 

Niagara river, black bass, additional protection 135 

use of seines and squat nets in 277 80 

sauger, size, possession, sale 236 65 

Notice of hearings, additional protection 152 8 

Non-resident fishing license 188 39 

Number, disregarded in construing this article 380 129 

O. 

Obstructing streams prohibited 246 70 

Oil, licensing vessels taking fish for making oil 324 107 

Open season, defined 380 129 

Sunday, commencing or closing on 380 129 

Oswego bass, term black bass includes 3S0 131 

Otsego bass. (See Otssgo whitefish.) 

Otsego lake, nets for Ots go whitefish, size of mesh 141 

Otsego whitefish, nets for taking, size of mesh 272 76 

nets for taking in Otsego lake, size of mesh 141 

open season; size of catch 234 64 

sale 234 64 

Ouananische, term lake trout includes 380 131 

Owl. (See Great horned owl; Snow owl.) 

Oysters, beds protected 316 103 

blue point, use of name prohibited except for 

oysters, cultivated in Great South bay 315 103 



200 Index — Fish and Game. 

Oysters — Continued: Sec. Pag«. 
Brookhaven free bay oyster lands exempt from 

fee for sanitary inspection 312 100 

South bay, taking in, regulated 314 102 

term shellfish includes 380 131 

Oyster beds, supervision of Conservation Commis- 
sion 150 7 

P. 

Paradox lake, additional protection to black bass in 135 

Parks. (See Private parks.) 

Partridge. 

European red-legged and European grey-legged 

partridge, importation and sale, regulated 373-377 125-127 

open season, limit of take 214, 215 55-56 

possession of 211 52 

taking with net, trap or snare, prohibited 221 59 

term grouse includes 380 130 

Pi-ace officers, powers under fish and game law 172 21 

Peconic bay, devi es allowed for taking water fowl. . 212 53 

Penalties general 182 29 

Perch, set and trap lines, taking with 254 74 

use of tip-ups in taking 253 73 

additional protection, Grass lake 135 

Perch, yellow, close season 236-a 66 

sale of 237 66 

Person, term includes what 3S0 129 

Tiierisants 

breeding, license; revocation of license 372 120 

manner of killing 372 121 

open season, limit of take 214, 215 55-56 

reports 372 124 

sale regulated 372 123 

tagging 372 122 

taking with ne l , trap or snare, prohibited 221 59 

transportation 372 123 

term includes what 380 131 

importation and sale of carcasses regulated, 377 127 



Index — Fish and Game. 201 

Sec. Page 

Pickerel, Lake George, open season 241-a 68 

additional protection, Clear lake 136 

additional protection, lied lake, Hyde lake, Moon 

lake, Muscalonge lake 136 

limit; size, St. Lawrence River 237 67 

nets, taking with permitted 271 77 

open season; size of catch 237 67 

sale 237 67 

taken without the State, possession in closed 

season regulated 370 1 19 

term includes what 380 131 

use of tip-ups in taking 253 73 

Pigeons, federal law for protection 160 

Antwerp or homing, interference with, pro- 
hibited .- 218 58 

Pike. (See Great Northern pike; Pickerel.) 

nets, taking with permitted 271 77 

open season; size of catch 237 66 

sale 237 67 

taken without the State, possession in closed 

season regulated 370 119 

term includes what 3S0 13.1 

use of tip-ups in taking 253 73 

additional protection, Clear lake 136 

additional protection to, in Butterfield lake, 

Jefferson county 135 

Pike perch, Lake George, open season 241-a 68 

additional protection, Goodyear lake 135 

additional protection, Red lake, Hyde lake, Moon 

lake, Muscalonge lake 136 

nets, taking with, permitted 271 77 

open season; size limit 236 G6 

taken without the State, possession in closed 

season regulated 370 119 

=ale 236 67 

term include what 380 131 

use of tip-ups in taking 253 73 

additional protection to, in Butterfield lake, 

t,o- i.. 1QK 



202 Index — Fith and Game. 

Sec. Page. 
Plover, European black, importation and sale, regu- 
lated 373 125 

federal law for protection 155 

open season; limit of take 216 57 

possession of 216 57 

Plumage, defined 380 131 

Pollution of waters 247, 24S-325, 326 

71-72, 108-109 

Pond pickerel, terms pickerel and pike include 380 131 

Ponds. (See Private lakes or ponds.) 

Pound nets, term nets includes 380 132 

Powers to dispose of game; fish and devices seized. . . 154 11 

Power to take fish 155 12 

Power to purchase fish eggs 156 12 

Presumptive evidence, ferrets, explosives. . 181-245-196 

28-48-70 

Private hatcheries 371 120 

Private lakes and ponds, fish and game protected. . . 365 115 

laying out 360 113 

notices against trespassing, not to be defaced.. 364 115 

posting and maintaining 362 115 

stocked by State 360 113 

Private lands, not parks, fish and game protected. . . 365 115 

notices not to be defaced 364 115 

posting and maintaining 362 115 

Private parks, fish and game protected 365 115 

laying out 360 113 

notices against trespassing not to be defaced 361 115 

posting and maintaining 361 114 

stocked by State 360 113 

Private preserves. (See Game.) 

Prosecution by individuals 185 36 

Protection, power to grant 152 8 

Publication, additional protection 1 52 8 

Proceeds of actions under article IV 30 167 

Proceeds of action under article V 29 166 

Punishment for misdemeanor 32 168 

Protectors. (See Game protectors.) 



Index — Fish and Game. 203 

Q. Sec. Pa<m. 
Quadrupeds. 

license to collect or possess 159 13 

ownership in the State 175 22 

power of Commission to take 158 13 

protection, enforcement of laws 150 7 

taking, method of, restricted 177 23 

when presumptive evidence of unlawful taking . . 181 28 

Quail, Egyptian, importation and sale, regulated. . . . 373 125 

open season; limit of take 214, 215 55-56 

possession of 211 56 

taking with net, trap or snare, prohibited 221 59 

R. 

Rabbits, open season ; limit 196 48 

Raccoon, open season 198 49 

Rail, federal law for protection 160 

open season; limit of take 213 55 

Rainbow trout, term trout includes 380 130 

RaUidae, cpen season; limit 213 55 

defined 210 52 

Raritan bay, fish, except shad, to be taken by angling 

only 329 110 

Red-throat trout, term trout includes 380 130 

Refuse, not to be thrown into certain parts of Long 

Island sound 326 109 

Refuge, bird and game 153 10 

Refuge, land owned by state 366 116 

Regulations covering use of State lands 173-175 

Reindeer importation and sale regulated 373 125 

Richmond county. (See Raritan bay.) 

cotton tail rabbits, additional protection 135 

Ring-necked pheasants, term pheasants includes. . . . 380 131 

Rockaway bay, use of nets regulated 332 111 

Rockaway inlet, use of nets, regulated 327 109 

Roebuck. (See Deer.) 

Ruffed grouse, term grouse includes 380 130 

Ruies and regulations of Conservation Commission 137-154 

amendment; abrogation; penalties; construction. . . . 153 

Rules and regulations; violation of a misdemeanor.. . 33 109 



204 Index — Fish and Game. 

S. Sec. Page. 

Sable, open season 198 49 

Sandpipers, open season; limit of take 216 57 

possession of 216 57 

Saugers and blue pike perch, size, possession, 

sale 236 66 

Scallops, size limit 318 104 

term shellfish includes 380 131 

Scap nets, term nets includes 380 132 

Schroon Lake, black bass, additional protection 135 

Scientific purposes, license to collect quadrupeds, 

birds or birds' eggs 159 13 

Scoop nets, term nets includes 380 132 

Scotch grouse. (See Grouse.) 
Sea sturgeon. (See Sturgeon.) 

Search warrants ; when issued 34 169 

Seines, term nets includes 380 132 

Set lines, regulations 146 

use regulated 254 74 

use restricted 176 23 

Shad, nets, taking with, permitted 271 77 

Raiitan bay, taking in by nets, regulated 329 110 

•stake net, term includes 380 132 

Shellfish. 

beds protected 316 103 

dredges on public ground to be operated from 

boat propelled only by sail or oars 317 104 

enemies when taken to be destroyed 320 105 

grounds, bacteriologist to make sanitary inspec- 
tion - . 310 97 

cancellation of certifu ;.ie when shellfish 

unfit for consumption 310 97 

certificate of sanitary condition 312 99 

fees 312 100 

revocation 312 100 

termination 312 100 

transfer 312 101 



Index — Fish and Game 205 

Shellfish — Continued: Sec. Page. 
designation of inspectors by State Com- 
missioner of Health 311 99 

franchises, record and fees 333 112 

free bay oyster lands in Brookhaven ex- 
empt from fee for sanitary inspection. .. . 312 100 

grants, record and fees 333 112 

leases, record and fees 333 1 12 

sanitary inspection 310 97 

sanitary inspection, notice of conditions to 

be published 312 101 

lands leased for cultivation, no limitation on 

commissioners of land office 304 88 

leases for cultivation 304 88 

collection of rents 305 91 

summary proceedings 304 90 

settlement of disputes 306 92 

taxation of grounds leased 307, 308 93-94 

tax collection of 309 96 

marking grounds leased 304 90 

Nassau county, power of supervisors to regulate 

taking 334 112 

pollution of waters, prohibited 325, 326 108-1C9 

public shellfis'i grounds, term defined 312 101 

reports of supervisor of marine fisheries 303 87 

residents only permitted to take; exceptions. . . . 319 105 
sale prohibited unless sanitary conditions be 

certified 313 102 

Suffolk county, power of supervisors to regulate 

ta ing 334 112 

supervision of Conservation Commission 150 7 

taking from sunset until sunrise, prohibited 316 103 

term includes what 3S0 131 

control of 150 7 

Sheriffs, powers under fish and game law 172 21 

Shinnecock bay, devices allowed for taking water fowl, 212 53 

Shipping permits 178 27 

Shortnosed sturgeon, open season; size limit 238 67 



206 Index — Fish and Game. 

Sao. Pacw. 

Shrimp, Jamaica bay, may be taken in by hand nets. 330 1 10 

Skunk, manner of taking 199 50 

open season 199 50 

Smelt, Lake Champlain, taking in. 241 68 

nets, taking with, permitted 271 77 

open season; size limit 241 68 

sale 241 68 

Snares, birds, snaring, prohibited 221 59 

destruction when used for taking birds 221 59 

Snatch hooks, taking fish by, regulated 255 74 

use restricted 176 23 

Snipe, federal law for protection 155 

open season; limit of take 216 57 

possession of 216 57 

Snow-owl, nests, destroying or robbing, not pro- 
hibited. 220 59 

not protected 219 58 

Sora, open season; limit of take 213 55 

South bay, taking oysters in, regulated 314 102 

Spears, taking fish by, regulated 255 74 

use restricted 176 23 

Niagara river 255-b 75 

Special game protectors, appointment of 171 21 

Speckled trout, term trout includes 380 130 

Spring frogs, open season 257 76 

Squirrels, limit of take 195 47 

open season 195 47 

Stake nets, term nets includes 380 132 

Star fish, to be destroyed when taken 320 105 

Starling, importation prohibited 157 

nests, destroying or robbing, not prohibited .... 220 59 

not protected 219 58 

State commissioner of health. (See Health, state 
commissioner of.)' 

State Game Refuges 366a 117 

Streams, obstructing prohibited; removal of obstruc- 
tion 246 70 

polluting when injurious to fieb. prohibited 247 71 



Index — Fish and Game 207 

Sec. Page. 

Striped bass, size limit; sale of 240 68 

Sturgeon, bait or trap lines for taking, regulations 146 

Chaumont, taking with nets in 278 80 

lake sturgeon, size limit 238 67 

nets, taking with, permitted 271 77 

sale 238 67 

sea sturgeon, size limit 238 67 

set and trap lines, taking with 254 74 

shortnosed, open season; size limit 238 67 

taken without the State, possession in closed 

season, regulated 370 119 

Suckers, spears and snatch hooks, taking with 255 74 

Suffolk county, power of supervisors to regulate tak- 
ing of fish and shellfish 334 112 

Sunday, open season commencing or ending on 380 129 

Sunfish, set and trap lines, taking with 254 74 

use of tip-ups in taking 253 73 

Superintendent of inland fisheries designation; salary; 

expenses 271 77 

Supervisor of marine fisheries. (See Marine fisheries, 
Bureau of.) 

bond 302 86 

expenses 302 86 

leases for cultivation of shellfish 304 88 

oath of office 302 86 

pollution of waters in marine district, to bring 

criminal action 325 108 

reports relating to shellfish 303 90 

salary 302 86 

sanitary inspection of shellfish grounds 310 97 

to issue certificate and notice of condition. .312 99 

shellfish leases, settlement of disputes as to 306 92 

taxation of shellfish grounds, duties as to 307, 308, 309 

93-94-96 

Surfbirds, open season; limit of take 216 57 

possession of 216 57 

Swan, federal law for protection 160 



208 Index — Fish and Game 

Swan — Continued: Sec. Page. 

open season; manner of taking 211 , - 12 52-53 

possession of 211 52 

T. 
Tagging. (See Fish; Game; names of individual 
fish and game.) 

Taking, term defined 380 132 

Tatlers, open season; limit of take 216 57 

possession of 216 57 

Taxation of shellfish grounds 307-308-309 

93-95-96 

Thumping, prohibited 244 70 

Tip-ups, use regulated 253 73 

use restricted 176 23 

additional protection, Butterfield lake, Clear 
lake, Red lake, Hyde lake, Moon lake, Mus- 

calonge lake and Dutches3 county 135-136 

Tortoises, taking; killing or sale prohibited 202 51 

Town clerks, duties, powers 185 32 

Transportation of fish and game 178 24 

.special 179 27 

Trap fines, regulations, when used for taking sturgeon. . . . 146 

use restricted 176 23 

use regulated 254 74 

Trap nets, term nets includes 380 132 

Trapping licenses 185 31 

Traps, Lirds, taking with traps, prohibited 221 59 

destruction when used for taking birds 221 59 

Trespasses. (See Private lakes and ponds; Private 

lands, not parks; Private parks.) 
Trout. 

artificially propagated, sale; transportation; 

possession 148 

reports 149 

tagging; fees 148 



Index — Fish and Game. 209 

Trout — Continued: Sec. Paqb. 
eggs, taking from trout in public waters for breed- 
ing purposes 242 69 

nets, taking with, permitted 271 77 

open season; limit size of catch 232 63 

propagation in private hatcheries, permit 371 120 

propagated in private hatcheries, sale 371 120 

spawn, taking from beds, prohibited 243 69 

spawning, disturbing prohibited 243 69 

stocking private ponds or streams from publio 

waters, prohibited 242 69 

term includes what 380 130 

waters inhabited by, fish eggs not to be placed in . 250 72 

taking fish through ice, prohibited 252 73 

tip-ups, prohibited 253 73 

use of eel weirs, prohibited 256 75 

use of nets, prohibited 275 79 

use of set and trap lines, prohibited 254 74 

Turtles, taking, killing or sale prohibited 202 5l 

U. 

United States statutes 155-161 

V. 

Venison, possession, regulated 191 43 

possession in close season; license; fees; tagging. ... 151 

Vessels to carry employees of commission 281 82 

W. 

Wall-eyed pike, term pike perch includes 380 131 

Water fowl, open season; limit; manner of taking. 211, 212 52-53 

Water fowl; special 212 53 

Waters in marine district, pollution prohibited. . 325, 326 108-109 
Whitefish. (See Otsego whitefish.) 

imported, possession and sale permitted 235 65 



210 Index — Fi3h and Game 

Whitefish — Continued: S«c. Pag* 
Lakes Erie and Ontario, eggs and miit to be 

furnished Commission 235 65 

license to take with net operated from 

power boat 235 65 

open season 235 65 

sale 235 65 

nets, taking with permitted 271 77 

nets for taking, size of mesh 272 78 

open season; size of catch 234 64 

set and trap lines, taking with 254 74 

spears and snatch hooks, taking with 255 74 

sale 234 64 

taken without the State, possession in closed 

season, regulated 370 119 

Wild birds. (See Birds.) 

Witnesses not excused from testifying 35 170 

Woodcock, federal law for protection 160 

open season; limit of take 216 57 

possession of 216 57 

Wood turtle, taking, killing or sale prohibited 202 51 

Y. 

Yellow pike, term pike perch includes 380 131 

Yellow perch, close season 236-a 66 



Zack's inlet, use of nets, regulated 327 109 



UBRARV OF C 



ONGRESS 







002 898 559 ^ 



